ABHISHEK KUMAR versus STATE OF HARYANA AND ORS.

Citation: [2006] SUPP. 10 S.C.R. 37 · Decided: 04-12-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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ABHISHEK KUMAR 
A 
v. 
STATE OF HARV ANA AND ORS. 
DECEMBER 4, 2006 
[S.B. SINHA AND MARKANDEY KA TJU, JJ.] 
B 
Service Law: 
Appointment on compassionate grounds-Offered by State Government 
but declined by District Magistrate stating that no vacancy existed in the C 
District-Held, the candidate was entitled to appointment as per the Rules 
existing prior to coming into force of the 2003 Rules-State Government 
directed to issue an appointment letter to the candidate on any post within 
the State as per his original seniority--Ha1yana Compassionate Assistance 
to the Dependents of Deceased Government Employees Rules, 2003. 
D 
. Appellant applied for appointment on compassionate grounds as his 
father died in harness in February, 2001. The District Magistrate denied him 
the appointment on the ground that there existed no vacancy in the District. 
The appellant's writ petition was dismissed by the High Court in view of Rule 
9 of the Haryana Compassionate Assistance to the Dependents of Deceased E 
Government Employees Rules, 2003 and he was directed to be paid some ex-
gratia amount under the Rules. Aggrieved, the appellant filed the present 
appeal 
Allowing the appeal, the Court 
HELD: The appellant had sought for appointment on compassionate 
grounds at a point of time when 2003 Rules were not in existence. His case, 
therefore, was required to be considered in terms of the Rules which were in 
existence in the year 2001. Evidently, a State-wise list is maintained. In terms 
F 
of the said list, the appellant was entitled to obtain an appointment on G 
compassionate grounds. He was offered such an appointment by the State. But 
the District Magistrate refused to provide for the post. When a State-wise 
list is prepared, it does not lie in the mouth of an authority in-charge, be it a 
District Magistrate or any other officer, to disobey the order passed by a -
higher authority. The High Court failed to consider this aspect of the matter. 
37 
H 
38 
SUPREME COURT REPORTS [2006) SUPP. 10 S.C.R. 
A The Department of Personnel, State of Haryana is directed to issue an 
appointment letter posting the appellant within the State of as per his original 
seniority. (39-C-D; E, H) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5657 of2006. 
B 
From the final Judgment/Order dated 26.9.2005 of the High Court of 
Punjab and Haryana at Chandigarh in C.W.P. No. 7957/2004. 
P.N. Puri and Dhiraj for the Appellant. 
Ajay Siwach, Manjit Singh and T.V. George for the Respondents. 
c 
The Judgment of the Court was delivered by 
S.B. SINHA, J. Leave granted. 
The appellant's father expired on I0.2.2001 while in office. In terms of 
D the Rule, as it was existing then, the appellant was entitled to be appointed 
on compassionate grounds. An application for such an appointment was filed 
within two weeks by the appellant from the date of his father's death. Not 
only the appellant was denied appointment in District Yamuna Nagar although 
his deceased father had been employed as a Kanungo .in District Yamuna 
Nagar, when he was sought to be appointed in the District of Kamal, the same 
E was denied to him by the District Magistrate, Kamal inter a/ia on the plea 
that there does not exist any vacancy. 
The appellant filed a writ petition before the Punjab and Haryana High 
Court. Before the said Court, the respondents raised a contention that in the 
F meanwhile the State of Haryana had issued a notification on 28.2.2003 known 
as "the Haryana Compassionate Assistance to the Dependants of Deceased 
Government Employees Rules, 2003". Rule 9 of the same reads as under: 
G 
H 
"9.(a) Appointments under these Rules shall be made only on regular 
basis and that too only, if regular posts meant for that purpose are 
available. 
(b) Appointments under these rules can be made up to a maximum of 
5% of sanctioned posts (falling under direct recruitment quota) in 
Group C & D categories to be determined by the Head of the 
Department on the 31st March of each year. The appointing authority 
may hold back upto 5% of posts in the aforesaid categories to be 
filled by direct recruitment through Staff Selection Commission or 
, .. 
j 
ABHISHEK KUMAR v. ST A TE OF HARY ANA [S.B. SINHA, J.] 
39 
otherwise, so as to fill such posts by appointment on compassionate A 
grounds. 
( c) A Person selected for appointment on ex-gratia basis shall be 
adjusted in the recruitment roster against the appropriate category viz. 
Scheduled Caste/Schedu

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