As per case facts, the appellants (Sanjeev Kumar, Tarun Gagat, Surender Pal, and Devender Singh @ Davender Singh) were granted compassionate appointments as Forest Guards many years after their fathers' ...
106 (4 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Sanjeev Kumar
State of Haryana and
Tarun Gagat
State of Haryana and others
Surender Pal
State of Haryana and others
Devender Singh
State of Haryana and others
CORAM: HON’BLE MR. JUSTICE
HON’BLE MR. JUSTICE
Present: Mr. Rajiv Atma Ram, Sr. Advocate with
Ms. Shreya Kaushik, Advocate for the appellant(s)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA-1675
Date of Decision:
Sanjeev Kumar
Vs.
State of Haryana and others
LPA-1925
Date of Decision: 11.11.2025
Vs.
State of Haryana and others
LPA-2720
Date of Decision: 11.11.2025
Vs.
State of Haryana and others
LPA-712
Date of Decision: 11.11.2025
Singh @ Davender Singh
Vs.
State of Haryana and others
HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA
HON’BLE MR. JUSTICE ROHIT KAPOOR
Mr. Rajiv Atma Ram, Sr. Advocate with
Ms. Shreya Kaushik, Advocate for the appellant(s)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1675-2024 (O&M)
ate of Decision: 11.11.2025
…Appellant
…Respondents
1925-2024 (O&M)
Date of Decision: 11.11.2025
…Appellant
…Respondents
2720-2024 (O&M)
Date of Decision: 11.11.2025
…Appellant
…Respondents
712-2025 (O&M)
Date of Decision: 11.11.2025
…Appellant
…Respondents
ASHWANI KUMAR MISHRA
ROHIT KAPOOR
Mr. Rajiv Atma Ram, Sr. Advocate with
Ms. Shreya Kaushik, Advocate for the appellant(s)
LPA-1675-2024 (O&M)
and connected cases [2]
in LPA-1675-2024.
Mr. Omkar Chauhan, Advocate for the appellant in LPA-712-
2025.
Mr. D.S. Patwalia, Sr. Advocate with
Mr. Ayush Gupta, Advocate for the appellant
in LPA-2720- 2024.
Mr. Mangesh Goel, Advocate for the appellant
in LPA-1925-2024.
Mr. Sanjeev Kaushik, Addl. A.G. Haryana with
Mr. Saurabh Mohunta, Addl. A.G. Haryana.
Mr. Amit Jhanji, Sr. Advocate with
Mr. Shashank Shekhar Sharma, Advocate and
Mr. Nitesh Jhajhria, Advocate and
Mr. Akhil Godara, Advocate for respondent No.5 in LPA-2720
of 2024 and LPA-712-2025.
Mr. R.K. Malik, Sr. Advocate with
Mr. Varunveer Chauhan, Advocate for respondents No.3 to 8
in LPA-1675-2024 & LPA-1925-2024.
***
ASHWANI KUMAR MISHRA, J. (Oral)
1. The above-said four appeals arise out of a common judgment of
the learned Single Judge dated 07.05.2024, whereby, the writ petitions filed
by the private respondents have been allowed and the benefit of appointment
to higher post with retrospective effect granted in favour of the appellants, on
compassionate ground, has been set aside.
2. All these four appeals have been heard together and are being
disposed of by way of this common order. We are otherwise informed that
there is observation made by the Hon’ble Supreme Court for expeditious
disposal of these appeals, contained in Special Leave to Appeal (Civil)
No.1145-4 and 1145-5 of 2025, decided on 02.05.2025.
3. This again is a classic case of misplaced sympathy being
extended to compassionate appointees by granting them benefit of a higher
LPA-1675-2024 (O&M)
and connected cases [3]
post after nearly 20 years of their having acquiesced to the initial
appointment offered on a lower post. To what extent sympathies can be
stretched notwithstanding the authoritative pronouncement of law on the
nature of compassionate appointment by the Hon’ble Supreme Court in
Umesh Kumar Nagpal Vs. State of Haryana 1994 (4) SCC 138
, requires
examination. The sympathy extended by the State is to such extent that the
long standing seniority on the higher post is also dislodged.
4. In order to appreciate the controversy, certain basic facts are
required to be noticed at the outset.
4.1 Appellants before us are compassionate appointees,
namely (i) Sanjeev Kumar, (ii) Tarun Gagat, (iii) Surender Pal
and (iv) Devender Singh @ Davender Singh.
4.2 So far as Surender Pal is concerned, his father was a
Deputy Forest Ranger who died on 02.09.1982. At the time of
death of the father of Surender Pal, he was allegedly a minor. He
was offered compassionate appointment to the post of Forest
Guard on 07.03.1996. This appointment was accepted by
Surender Pal and he continued to work as such. Subsequent
promotions were also granted to him based upon his initial
appointment on the post of Forest Guard. However, on
15.07.2020, he made a representation stating that his initial
appointment on the post of Forest Guard was contrary to the
government policy and that he was entitled to be appointed on
the post of Forester. This representation was considered and the
Principal Chief Conservator of Forests vide a detailed reply
made to the State Government, opposed the claim made in the
LPA-1675-2024 (O&M)
and connected cases [4]
representation on the ground that compassionate appointment
was not a substantive right and that once such appointment had
been accepted, the principle of acquiescence would come into
play and consequently a subsequent claim for retrospective
appointment to an upgraded post was impermissible. However,
this objection of the Principal Chief Conservator of Forests had
not been accepted by the State Government which proceeded to
retrospectively upgrade compassionate appointment offered to
Surender Pal to the post of Forester from the post of Forest
Guard. The order by which such benefit was accorded i.e.
30.09.2020, came to be challenged by private respondents/writ
petitioners in a writ petition on the ground that the consequential
seniority, determined long back, stood altered to their prejudice.
4.3 So far as appellant – Devender Singh @ Davender Singh,
is concerned, his father was also a Deputy Forest Ranger, who
died in harness on 24.09.1988. Based upon an application made
by Devender Singh @ Davender Singh, he was offered
compassionate appointment on the post of Forest Guard on
25.02.1992. Devender Singh @ Davender Singh then made a
representation stating that he should have been appointed as
Forester. This claim was accepted vide order dated 16.05.1996.
He was subsequently promoted as Deputy Forest Ranger on
16.01.2013 and Forest Ranger on 10.06.2024. By order dated
30.09.2020, compassionate appointment of Devender Singh @
Davender Singh, was up-graded to the post of Deputy Forest
Ranger w.e.f. 25.02.1992 with all consequential benefits
LPA-1675-2024 (O&M)
and connected cases [5]
including subsequent promotion, which was challenged by the
private respondents/writ petitioners in writ petition on similar
ground i.e. unsettling of long standing seniority and also on the
ground that once initial appointment offered on compassionate
ground was accepted, appellant – Devender Singh @ Davender
Singh, had acquiesced to the appointment and a subsequent
prayer for up-gradation after more than two decades was
impermissible.
4.4 Similarly, the father of appellant – Sanjeev Kumar died on
17.07.1992. He was offered a compassionate appointment to the
post of Forest Guard on 07.03.1996. In the normal course of his
working, he acquired promotion to the post of Forester on
01.08.2017. However, on a representation made nearly after two
decades, the compassionate appointment on the post of Forest
Guard, had been upgraded to the post of Forester w.e.f.
07.03.1996, vide order dated 08.01.2021, which was impugned
before the learned Single Judge by the private respondents/ writ
petitioners.
4.5 Similarly, father of appellant – Tarun Gagat died on
22.02.1999. He was offered compassionate appointment on the
post of Forest Guard on 02.06.1999. On the strength of his
appointment on compassionate ground, Tarun Gagat secured
promotion to the post of Deputy Forest Ranger on 03.03.2019.
He made a subsequent representation for upgrading his initial
appointment, which was allowed vide impugned order dated
01.09.2020, whereby the compassionate appointment offered to
LPA-1675-2024 (O&M)
and connected cases [6]
Tarun Gagat on 22.02.1999, was upgraded to the post of
Forester along with all consequential benefits. These orders
came to be assailed before the learned Single Judge.
5. The learned Single Judge has gone into the facts of the case
extensively and has observed that offering of compassionate appointment is
not a matter of right but is a concession granted by the employer only to tide
over the sudden difficulty faced by the family due to death of the sole bread
earner. Such appointments since are in the nature of concession as such no
vested right is created in favour of such employee to claim appointment to a
higher post.
6. It was further held that once compassionate appointment was
granted on the post of Forest Guard, to all four appellants and they
acquiesced to it by accepting such appointment without any demur as such
the appellants would be estopped from making representation or seeking
retrospective up-gradation on a higher post.
7. The learned Single Judge has also observed that there is no
principle of law on which the claim of appellants for retrospective up-
gradation after 20 years could be allowed so as to unsettle the long standing
seniority on the higher posts. The learned Single Judge has also made
observations that the manner in which such relief has been granted to the
appellants required a deeper probe into the role of the Officers who have
granted such benefit.
8. Before proceeding further, it would be worth referring to the
government instructions dated 03.11.1988, which provided for grant of
compassionate appointment and was the basis of acceptance of claim of the
appellants by the State Government. The government order has already been
LPA-1675-2024 (O&M)
and connected cases [7]
reproduced by the learned Single Judge, which for the sake of convenience, is
extracted hereinafter:-
“No.16/21/88-6 G.S.II
From
Chief Secretary, Government of Haryana.
To
1. All the Head of Departments in Haryana.
2.Commission, Ambala and Hisar Division.
3. All Deputy Commissioner and Sun Divisional Officer
(Civil)
4. Registrar Punjab and Haryana High Court,
Chandigarh
Dated 03.11.1988
Subject:- To provide jobs and other facilities to the
families of Government servants who died during the
service period.
Sir,
I have been directed to bring your attention to the above
subject to Haryana Government Circular No.16/21/88-6
G.S.II dated 09.09.1985 and to say that the Government
has been receiving may such cases where the family of the
deceased makes a request after a long time to provide
jobs and other facilities. After considering this matter, it
has been decided that in future in those cases,
employment and financial assistance will not be
considered. Where such prayer will not be received from
the family of the deceased within three years of his death.
In cases where the person concerned, to whom the facility
of employment is to be given, is still minor, the prayer
regarding this should also reach the Government within
three of the death of the employee for
consideration/decision. This decision will be applicable
from the date of issue of this letter and the cases which
LPA-1675-2024 (O&M)
and connected cases [8]
already been received will be dealt with as per the
existing instructions.
Apart from this, it has also been decided that in future
only those family members of the deceased will be
considered for recruitment of category-II posts where the
person concerned has technical qualifications M.B.B.S.,
B.E., B.Tech., B.B.S etc. and he can be posted only on
Category-II posts or above. In the rest of the cases, no
consideration should be given to the appointment of
gazetted posts and considering the eligibility of the
applicant, the proposal should be sent to the government
to fill only category-III and 4 posts.
Please strictly follow these orders and acknowledgment of
this letter should also be sent to the government.
Sd/-
Deputy Secretary, Protocol
For, Chief Secretary, Haryana Government.”
9. The government instructions dated 03.11.1988 records that ‘in
future belated request for employment and financial assistance will not be
considered but pending requests were to be examined. Consideration for
appointment against Category-II posts was made permissible in certain
exigency. The policy appears to have been drawn as per the spirit of law
relating to grant of compassionate appointment inasmuch as the position
which stands settled by now, goes counter to such provisions. It is now well
settled that compassionate appointment can be offered only in cases of
financial stringencies and when such claims are promptly lodged. We may
refer to the judgment of the Hon’ble Supreme Court in Canara Bank vs. Ajithkumar G.K. 2025 SCC OnLine SC 290, wherein the Court has made
the following observations in paragraph 45, which reads as under:-
LPA-1675-2024 (O&M)
and connected cases [9]
“45. The ratio decidendi of all these decisions have to be read in
harmony to achieve the noble goal of giving succour to the
dependants of the employee dying-in-harness, who are genuinely
in need, and not with the aim of giving them a post for another
post. One has to remember in this connection the caution
sounded in Umesh Kumar Nagpal (supra) that as against the
destitute family of the deceased there are millions of other
families which are equally, if not more, destitute.”
10. The government instructions dated 03.11.1988 have been dealt
with by the learned Single Judge in para No.26 and 27 of the impugned
judgment, which reads as under:-
“26. A bare perusal of the above policy would show that it was
only mentioned that where the technical qualifications have
been obtained by the candidate seeking compassionate
appointment like M.B.B.S., B.E., B. Tech., B.B.S etc, they should
be given a technical post commensurate to their qualifications.
With regard to the rest of the cases, it was mentioned that the
consideration should only be given for filling up Class-III and
Class-IV posts.
27. In the present case, the private respondents had already
been given Class-III post of Forest Guard. Once, Class-III post,
which was the entitlement under the Instructions dated
03.11.1988 had already been given to the private respondents,
the private respondents cannot agitate that they were not given
benefit for which, they were entitled for under the instructions,
which were applicable at the time of death of the employee
concerned for the grant of compassionate appointment.”
11. It is not an issue that the post of Forest Guard is a Class-III post.
In terms of the applicable policy, compassionate appointment could have
been offered only on Class-III or Class-IV post. Offering of higher
appointment on a technical post was an exception and was intended to deal
LPA-1675-2024 (O&M)
and connected cases [10]
with such applicants who had qualifications like MBBS, B.E., B.Tech. etc.
and the apparent idea was to better utilize the services of such technically
trained manpower while offering them compassionate appointments.
12. The policy contained in the notification dated 03.11.1988, does
not provide for grant of higher appointment as a matter of routine. The
appointment offered to the appellants on the post of Forest Guard was,
therefore, an appropriate appointment which could have been offered at that
point of time. More so, all the appellants accepted the appointment and also
joined pursuant to it. Once that was done almost two decades ago, we fail to
understand as to why the subsequent representations for retrospective up-
gradation on compassionate appointment could be claimed by the appellants.
13. On the aspect relating to entitlement of a person seeking
compassionate appointment for up-gradation has been crystallized long back
by the Hon’ble Supreme Court in the case of State of Rajasthan vs. Shri Umrao Singh 1994 (6) SCC 560, wherein previous judgment arising out of
State of Haryana vs. Naresh Kumar Bali (1994) 4 SCC 448, was referred
to and relied upon. The Hon’ble Supreme Court in Umrao Singh case (supra)
referred to the recruitment rules framed by the State of Haryana for grant of
compassionate appointment and opined that once the candidate accepted an
appointment of lower post, his right to be considered on compassionate
ground is consummated. No question of further consideration for
compassionate appointment would ever arise. The Court held so,
authoritatively, in para No.8 of the judgment, which reads as under:-
“8. Admittedly the respondent's father died in harness while
working as Sub-Inspector, CID (Special Branch) on 16-3-1988.
The respondent filed an application on 8-4-1988 for his
appointment on compassionate ground as Sub-Inspector or LDC
LPA-1675-2024 (O&M)
and connected cases [11]
according to the availability of vacancy. On a consideration of
his plea, he was appointed to the post of LDC by order dated 14-
12-1989. He accepted the appointment as LDC. Therefore, the
right to be considered for the appointment on compassionate
ground was consummated. No further consideration on
compassionate ground would ever arise. Otherwise, it would be
a case of "endless compassion". Eligibility to be appointed as
Sub-Inspector of Police is one thing, the process of selection is
yet another thing. Merely because of the so-called eligibility, the
learned Single Judge of the High Court was persuaded to the
view that direction be issued under proviso to Rule 5 of Rules
which has no application to the facts of this case.”
14. The Judgment in Umrao Singh case (supra) has been followed
by the learned Single Judge of this Court in Jang Bahadur Singh vs. State of Punjab and others 2013 SCC OnLine P & H 25, , as also by the
Division Bench of this Court in Prem Pal Sharma vs. State of Haryana
2008 (4) SCT 483. In Prem Lal Sharma case (supra) reliance has been placed
on the judgment of the Hon’ble Supreme Court in Umesh Kumar Nagpal
(supra).
15. In view of the settled proposition in law as per which a
subsequent claim for up-gradation would not be maintainable once the
compassionate appointee accepts the appointment on a lower post. We fail to
understand as to how a representation could be made after nearly two decades
of accepting the compassionate appointment on a lower post. In our opinion,
the appointment was otherwise not on a lower post but was commensurate
with the appointment to which the appellants were entitled to.
16. Mr. Rajiv Atma Ram, Senior Advocate, has placed reliance on
the judgment of Full Bench of this Court in Krishna Kumari v. State of
Haryana and others 2012 (2) SCT 736, judgment of the Hon’ble Supreme
LPA-1675-2024 (O&M)
and connected cases [12]
Court in the case of Surya Kant Kadam vs. State of Karnataka 2002 (9) SCC 445, as also the judgment of the Division Bench of this Court in
Gulbahar vs. State of Punjab 2002 (2) SCT 124, as well as the judgment of
the learned Single Judge in certain cases, to contend that up-gradation of
compassionate appointee would be permissible where it is shown that any
discrimination had been meted out by the employer while extending such
benefit. Learned Senior Advocate also submits that the appellants had
referred to the case of Sushil Kumar and Gopal Krishan to submit that once
these persons were granted compassionate appointment on the post of
Forester, the subsequent offering of appointment on the post of Forest Guard,
was impermissible and, therefore, the State was well within its rights to
rectify its mistake by appropriately upgrading the post to which the
appellants were entitled to. The submissions raised on behalf of the
appellants cannot be accepted either in law or on facts.
17. We have already noticed that the compassionate appointment
was once granted to the appellants on the post of Forest Guard and they
accepted such appointment, it was clearly not open for these persons to
subsequently come up with a case of up-gradation. The basic principles
which have to be borne in mind are ‘acquiescence’ and ‘estoppel’. It has to
be clearly understood that compassionate appointment is not a legally vested
right and is merely in the nature of a concession to the family members in
distress due to untimely death of the sole bread earner. Grant of such benefit
is otherwise intended to deal with and immediacy which has been fallen on
the family in distress. The concession which persuades the State to offer
compassionate appointment is, therefore, directly linked to the immediacy of
cause as also the stringencies/destitution which provides the justification for
LPA-1675-2024 (O&M)
and connected cases [13]
offering such appointment. It is for this reason that way back in 1994 in
Umesh Kumar Nagpal case (supra), the Hon’ble Supreme Court clarified that
such appointment cannot be claimed after inordinate delay nor such
appointment can be claimed as a matter of right on any basis. The law in that
regard has been specifically reflected in a plethora of judgments which we
not need to refer to as it would require unnecessary burden on our opinion.
18. So far as the case of Surya Kant Kadam case (supra) is
concerned, the import of the judgment has been dealt with by the learned
Single Judge in paragraph No.23 of the impugned judgment, which reads as
under:-
“23. With regard to the claim in Surya Kant Kadam (supra) , a
claim was raised that the appellant therein was given
compassionate appointment on the post of clerk even though, he
had applied for the post of Sub-Inspector of Excise whereas,
certain other persons who were also appointed on the said post
on compassionate ground and appointment of whom were later
in date in comparison to the appellant therein were appointed
on the said post of sub Inspector ignoring the claim of the
appellant therein, who had a better right than them. It was under
these circumstances, Hon’ble Supreme Court of India has held
that once, appellant therein had a better claim on the post which
was offered to other similarly situated employees who were also
appointed on compassionate ground and who were junior to
appellant, in light of which, a direction was given to appoint
appellant therein on the post of Sub Inspector, Excise. However
the same was also stated to be granted prospectively. Whereas,
in the present case, facts are entirely different. In the present
case, that challenge to the appointment of private respondents is
from the regularly appointed employees and in terms of the
settled principle of law noted hereinbefore it cannot be said that
LPA-1675-2024 (O&M)
and connected cases [14]
the private respondents had a better claim in comparison to that
of regularly selected employees.”
19. Similarly, the judgment in the case of Civil Appeal No.3311-
1990 titled as Kamala Gaind vs. State of Punjab and others decided on
21.07.1990, has also been dealt with by the learned Single Judge in
paragraphs No.21 and 22, which reads as under:-
“21. In the case of Kamala Gaind (supra), nothing has come on
record that the son of the appellant therein had accepted the
appointment, which was being offered to him and upon non-
grant of the entitled post, petitioner therein challenged the said
act of the State before the Hon’ble Court forthwith, which claim
was then accepted keeping in view the fact that case was made
out. Kamala Gaind (supra) is not a case of upgradation of post
after acceptance of a particular post on compassionate ground
hence, cannot be made applicable in the facts and circumstances
of this case.
22. In the present case, in case, the private respondents were not
happy with the offer of the appointment as given to them initially
on compassionate ground as Forest Guard, they should not have
accepted the said offer and should have agitated the same as
done in the case of Kamala Gaind but once, the private
respondents accepted the offer, no benefit of appointment on a
higher post can be given to them and that too after a period of
more than two decades of working on a lower post as given to
them initially on compassionate ground.”
20. We find ourselves to be entirely in agreement with the
interpretation made by the learned Single Judge while interpreting and
distinguishing the judgment of the Hon’ble Supreme Court in the case of
Surya Kant Kadam case (supra). We may also take note of the objection
recorded by the Chief Conservator of Forest while dealing with the case of
LPA-1675-2024 (O&M)
and connected cases [15]
Devender Singh @ Davender Singh. The Principal Chief Conservator of
Forests has observed as under:-
“The relevant facts relating to this case are that Sh. Devender
Singh, Dy. Ranger had submitted an application stating that
upon demise of his father late Sh. Shyam Singh who was
working as Dy. Ranger (date of death 24.12.1988), he was
initially appointed as Forest Guard on compassionate ground.
Later on, the said appointment was changed to the post of
Forester vide office order No. 46 dated 6.05.1996 which was
subsequently again modified and he was posted as Forester on
compassionate ground with effect from 25.02.1992 (vide order
No. 53 dated 26.05.2019). The applicant has now taken a plea
that since he was holding appropriate educational qualification
for the post of Dy. Ranger at the time of death of his father; he
should have been given compassionate appointment on the post
of Dy. Ranger in accordance with the provision of
Compassionate Policy prevailing at that time (notification dated
3.11.1988).
The application requires to be filed for the following reasons:-
(i) Upon demise of his father late Sh. Shyam Singh. Dy. Ranger
on 24.12.1988, Smt. Murti Devi W/o deceased employee had
submitted an application to appoint her son Sh. Devender Singh
as Dy. Ranger on compassionate ground. Sh. Devender Singh
was however appointed as Forest Guard on compassionate
ground vide order dated 25.02. 1992. Smt. Murti Devi had again
submitted an appeal requesting that Sh. Devender Singh should
be appointed on the post of Forester and subsequently taking
cognizance of this application. Sh. Devender Singh was
appointed as Forester vide office order No. 46 dated
16.05.1996.
(ii) The applicant Sh. Devender Singh had again submitted an
application dated 12.09.2008 requesting therein that his
appointment to the post of the Forester should be done from the
date on which he was appointed as Forest Guard on
LPA-1675-2024 (O&M)
and connected cases [16]
compassionate ground. After examination of the said appeal Sh.
Devender Singh was given appointment on the post of Forester
from 25.02.1992, the date on which he was appointed as Forest
Guard. Therefore, required relief i.e. compassionate
appointment one step below than the post hold by the deceased
employee has already been granted to Sh. Devender Singh.
(iii) In accordance with the provisions of compassionate
appointment as contained in notification No. 9254-4GS-
70/32230 dated 22 December, 1970 and notification No. 3442-
3GSII-71/19169 dated 13th July, 1971, the Government has
made it very clear that it is not the intention to provide
employment to the dependents of deceased government
employees as a matter of course, stead each individual case
should be examined carefully and employment, which should be
confined to Class III and Class IV posts, should be provided
only if it is justified in order to avold exceptional hardship and
not otherwise."
(iv) Though the Govemment policy dated 3.11.1988 speaks
about giving compassionate appointment on Class III and Class
IV posts on the basis of eligibility of the dependent, later on the
Government, in the light of the decision of the Hon'ble Supreme
Court dated 04.05.1994 in S.L.P No. 10505 of 1993, Umesh
Kumar Nagpal Versus State of Haryana and others had modified
the Ex-gratia Scheme vide notification dated 8
th
May, 1995 and
decided that compassionate appointment being offered shall be
at least one step lower than of the deceased employee except in
cases where the deceased employee was working at the lowest
level in the Government.
(v) It is pertinent to mention here that the Hon'ble Supreme
Court in "Umesh Kumar Nagpal Versus State of Haryana and
others held as under:-
"If the dependant of the deceased employee finds it below
his dignity to accept the post offered, he is free not to do
so. The post is not offered to cater to his status but to see
the family through the economic calamity.
LPA-1675-2024 (O&M)
and connected cases [17]
For these very reasons, the compassionate employment
cannot be granted after a lapse of a reasonable period
which must be specified in the rules. The consideration for
such employment is not a vested right which can be
exercised at any time in future. The object being to enable
the family to get over the financial crisis which it faces at
the time of the death of the sole breadwinner, the
compassionate employment cannot be claimed and offered
whatever the lapse of time and after the crisis is over."
(vi) It has been the consistent policy o the Government of
Haryana since notification dated 08-05-1995 that
compassionate employmeni, which has been confined to Class-
III and IV posts, is being offered at least one step lower than
that of the post held by deceased employee except in cases where
the deceased employee was working at the lower level.
(vii) It has been consistent stand of the government since 2003,
in the rules relating to compassionate assistance to the
dependents of deceased government employees that "Once a
post has, been offered to the dependent of a deceased
Government employee, no request for change of post shall be
entertained with respect to any other post or department under
any circumstances. In case the offer is not acceptable to
him/her, no further claim shall be entertained.
(viii) It is further pertinent to mention here that the Government
had done away with the provision of compassionate appointment
since 2006 and it is only now i.e. in Haryana Civil Services
(Compassionate Financial Assistance or Appointment) Rules,
2019 that the provision of compassioriate appointment has been
restarted.. Even in these Rules, it is clearly mentioned in rule no.
13 that:
13a "Once an appointment has been offered to the
dependent of a deceased or missing Government
employee, no request for change of post shall be
entertained with respect to any other post or department
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and connected cases [18]
under any circumstances. In case the offer is not
acceptable to him, no further claim shall be entertained.
13b When a person has been appointed under these rules
to a particular post, the set of circumstances, which led to
such compassionate appointment, shall be deemed to have
ceased to exist on such appointment.
Therefore –
(i) he/she should strive his/her career like his/her
colleagues for future advancement and any request for
appointment to any higher post on considerations of
compassionate to be rejected;"
21. We have perused the order of the State Government, whereby
the benefit of up-gradation on the post of Forester has been granted to the
appellants with retrospective effect vide order dated 30.09.2020. We find that
none of the points highlighted by the Principal Chief Conservator of Forests
have either been referred to or dealt with by the government. We are rather
amazed by the mode and manner in which claim of the appellants came to be
allowed by the State Government. We, therefore, are of the view that the
learned Single Judge is absolutely justified in making the following
comments in para No.33 and 34 of the impugned judgment which reads as
under:-
“33. Further, certain comments needs to be made against the
method in which the department granted the benefit of
compassionate appointment on a higher post to the private
respondents with retrospective effect after a period of more than
two decades. The department is supposed to know the law as
similar relief is being agitated by the State tooth and nail in
number of cases where the same relief claimed of higher post is
being objected by the State. On one hand relief being claimed
for compassionate appointment on a higher post is being
LPA-1675-2024 (O&M)
and connected cases [19]
objected by the State and on the other hand, the similar relief is
being accepted by the respondent-State disregarding settled law
and its own position in similar cases i.e. Naresh Kumar Bali
(supra). The private respondents have been given benefit of
compassionate appointment on a higher post on an application
made by them after two decades of their initial appointment on a
compassionate ground upon which right has been consummated
since long. It is being argued that the said benefit has been
accepted/approved upto the rank of Additional Chief Secretary,
Department of Forest and Wild Life. Nothing has come on
record as to what consideration was given by the said authority
while granting the benefit of appointment on a higher post to the
private respondents after a period of 02 decades and that too
ignoring the settled principle of law as noticed hereinbefore the
garb of which State has taken in order to reject such similar
claims.
34. It may be noticed that State of Haryana had approached the
Hon’ble Supreme Court of India when a similar relief was
granted by this Court in the case of Naresh kumar Bali (supra)
in the year 1994. Taking a decision contrary to their own stand
shows that the decision taken was not bonafide but to extend
certain undue benefits to respondents No. 3 and 4. Further,
nothing has come on record as to why, the recommendations of
the Chief Conservators of the Forests, who had opposed the
grant of relief to the private respondents were ignored so as to
grant the benefit to the private respondents. The officer(s), who
has/have sanctioned the impugned orders dated 30.09.2020
(Annexure P/4) and 30.09.2020 (Annexure P/5) in CWP- 18530-
2020 and order dated 08.01.2021 (Annexure P/1) and dated
01.09.2020 (Annexure P/3) as well as order dated 18.02.2021
(Annexure P/2) and dated 11.12.2020 (Annexure P/4) in CWP-
11660-2021 has to be made accountable for passing such
orders, which not only create purposeless litigation but also
create a situation where entire seniority is reframed to the
prejudice of the employees who were otherwise senior after a
LPA-1675-2024 (O&M)
and connected cases [20]
period of 02 decades by an arbitrary action of an officer, the
motivation of whom happens to be questionable. The said
officer(s) has/have to be made responsible for passing such kind
of orders. Keeping in view the same copy of the orders
impugned through the present petitions be sent to the Chief
Secretary, Government of Haryana to initiate appropriate action
against the said officer concerned and to seek his/her
explanation and find out as to under what circumstances, such
arbitrary and illegal orders disregarding settled law so as to
give undue benefits to the employees in a pick and choose
manner and that too at the cost of other employees are being
passed. The outcome of the said proceedings be also brought to
the notice of this Court within a period of three months from the
date of receipt of copy of this order.”
22. In our view, the manner in which compassionate appointment
was offered to the appellants on the post of Forest Guard way back nearly
two decades back is up-graded by the order impugned, speaks volumes about
the arbitrary exercise of powers by the State in extending such benefit. The
benefit granted is not only in the teeth of law but completely overlooks the
comments highlighted by the Principal Chief Conservator of Forests, which
are neither dealt with nor any attempt has been made to provide justification
for grant of such benefit. Merely stating that certain others have been granted
benefit of compassionate appointment on the post of Forester would not
justify the action of the State of retrospective up-gradation of the post on
which appointments were offered to the appellants. Merely because in some
stray incidents a higher appointment was offered would not constitute basis
for raising such claim, after decades, as it would result in complete chaos in
the cadre of employees. The grant of relief by the State Government to the
appellants also has a direct consequence of unsettling the long standing
LPA-1675-2024 (O&M)
and connected cases [21]
seniority. Viewed from any aspect, we find the claim of the appellants to be
devoid of any substance. Moreover, the basis of extraneous consideration
having intervened on account of which the orders were passed by the state
cannot be entirely ruled out.
23. The manner in which such relief has, therefore, been granted by
the State Government explicitly requires disapproval of this Court. We are in
complete agreement with the view taken by the learned Single Judge in
allowing the writ petition filed by the private respondents whose seniority
was to be effected by the impugned action of the State. Before concluding,
we may take note of the submissions of Mr. D.S. Patwalia, Senior Advocate
that the grant of benefit by the State may only be interfered with to the extent
it alters the settled seniority but benefits of compassionate appointment on
up-graded post be protected notionally.
24. We are afraid that acceptance of such submission would result in
an anomalous situation inconsistent with the settled principles of law. Once,
we have observed that compassionate appointment is only a concession and
the grant of appointment on the post of Forest Guard to the appellants was
appropriate and was acquiesced by the appellants, any subsequent attempt to
seek benefit of higher post would be impermissible. In such circumstances,
notional benefits also cannot be allowed to be extended inasmuch as it would
result in grant of service benefits over and above what is entitled to by the
appellants. It would otherwise create unnecessary heartburn in similarly
placed employees who would stand to lose and would result in endless
bounds of litigation flooding the Courts of law. We are of the view that
quietus has to be given to such claims which are wholly unfounded and
appears to us to be frivolous at the best.
LPA-1675-2024 (O&M)
and connected cases [22]
25. The appeals, therefore, are found to be without any substance
and are accordingly dismissed. We reiterate the observations of the learned
Single Judge that the Chief Secretary, State of Haryana, be directed to initiate
an inquiry to look into the manner in which benefits were granted to the
appellants on retrospective up-gradation of compassionate ground
overlooking the specific objections of the Principal Chief Conservator of
Forests and to take the matter to its logical end. It is, however, provided that
the initial appointment on Forest Guard in favour of the appellants or their
subsequent promotions based upon such initial appointment are adequately
protected and shall not be reopened on the ground of any observations made
in this order.
26. All pending misc. application(s), if any, also stand disposed of.
(ASHWANI KUMAR MISHRA)
JUDGE
(ROHIT KAPOOR)
JUDGE
11.11.2025
rajesh
1. Whether speaking/reasoned? : Yes/No
2. Whether reportable? : Yes/No
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