LexHARYANA STATE ELECTRICITY BOARD AND ANR., versus HAKIM SINGH
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HARYANA STATE ELECTRICITY BOARD AND ANR.,
A
V.
HAKIM SINGH
SEPTEMBER 30, 1997
[DR. A.S. ANAND AND K.T. THOMAS, JJ.]
B
Service Law :
Compassionate appointment-Claim of-After 14 years of death of
employee-As per circular of the Bo:ird, application for the appointment to C
be made within 3 years-Held, after 14 years of death of employee, one of
his legal heirs cannot put forward a claim as though it is a line of succession
by virtue of a right of inheritance.
Compassionate Appointment :
Object of-ls to give succour to the family which has been suddenly
plunged into penury due to untimely death of sole bread winner-And not
to be taken as opening an-Alternative mode of recruitment to public
employment.
The mother of the respondent applied for employment of her son with
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the appellant-Board on-Compassionate ground, after 14 years of death of her
husband on the basis of circulars dated 26.9.85 and 1.10.86 issued by the
appellant which provided that one member of the family of deceased employee
could be considered for employment in service as a goodwill gesture provided
request for such employment is made within three years of death of the F
employee. T'le circulars had further clarified that the purpose of such
provision was not to give employment as a matter of course. Respondent was
denied the appointment. He filed writ petition claiming the appointment. The
appellant opposed it on the ground that application was not made within time
specified in the circulars. Single Judge of the High court allowed the petition G
directing the appellant to entertain the claim of the respondent. The writ
appeal was dismissed, hence this appeal.
Allowing the appeal, this Court
HELD : 1.l. The rule of appointment to public service is that they should H
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SUPREME COURT REPORTS (1997) SUPP. 4 S.C.R.
A be on merits and through open invitation. It is the normal route through which
one can get into public employment. As every rule can have exceptions, there
are few exceptions to the said rule also, which have been evolved to meet certain
contingencies. As per one such exception relief is provided to the bereaved
family of a deceased employee by accommodating one of his defendants in a
B vacancy. The object is to give succour to the family which has been suddenly
plunged into penury due to the untimely death of its sole bread winner. The
object of such ameliorating relief should not be taken as opening an alternative
• mode of recruitment to public employment. [380-C-D]
1.2. The High Court has gone wrong in giving direction to the Board to
C . consider the claim of the respondent as the request was made far beyond the
period indicated in the circular of the Board. The High Court has erred in
overstretching the scope of compassionate relief provided by the Board in the
circulars. High Court has treated the provisions a lien created by the Board
for a dependent of the deceased employee. If the family members of the deceased
can manage for fourteen years after his death one of his legal heirs cannot
D put forward a claim as though it is a line of succession by virtue of a right of
inheritance. [382-D; 381-EJ
Haryana State Electricity Barad v. Naresh Tanwar & Anr. etc. etc,
(1996) 2, JT 542; Umesh Kumar Nagpal v. State of Haryana & Ors., (1994]
E 4 SCC 138 and Jagdish Prasadv. State of Bihar & Anr., [1996) 1 SCC 301,
referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6917of1997.
From the Judgment and Order dated 26.2.96 of the Punjab & Haryana
F High Court in LP.A. NO. 757of1995.
Ms. lndu Malhotra for the Appellants.
Shakeel Ahmed and Ms. Safia Khan for the Respondent.
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The Judgment of the Court was delivered by
THOMAS, J. Leave granted.
This appeal by the Haryana State Electricity Board ('the Board' for
short) is in challenge of the order of the High Court of Punjab and Haryana
H declaring that respondent is entitled to be considered as eligible for appointment
H.S.E.B. v. HAKIM SINGH [THOMAS, J.)
379
in the employment of the Board on compassionate groun~s.
The facts leading to this appeal are the following :
Father of the respondent one Hakim Singh was a Lineman in the
employment of the Board. He died on 24.8.1974 in harness leaving behind him
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his widow and minor children including the respondent. About 14 years after B
the death of Hakim Singh his widow applied for appointing her son (the
respondent) i11 the employment of the Board, on compassiExcerpt shown. Read the full judgment & AI analysis in Lexace.