- After the death of the special police officer, the appeal for the appointment of the son rejected
- Ashok Kumar was appointed on the basis of Daily Wage in 1992
The Punjab-Haryana High Court has made it clear that the dependents of a temporary employee cannot be considered eligible for compassionate employment in the absence of the policy. After the death of the Daily Wage Special Police Officer, the High Court has given this decision while rejecting the demand of the job on compassionate grounds by his son.
While filing the petition, Patiala resident Soma Devi and son Harvinder Kumar of the deceased told the High Court that Ashok Kumar was appointed as Special Police Officer in 1992. He died in 2003 and then the petitioner Harvinder was only 7 years old. In 2015, when he turned 18, he applied for a job on compassionate grounds.
His application was rejected by the government in 2020. The petitioner submitted that as per the policy of the government, his father had completed 10 years of service and was to be regularised, but he died before that. Had he been alive, he would have become regular and then the petitioner would have been eligible for compassion. The petition reached before the Single Bench but was dismissed due to delay in filing the petition and other reasons.
The Bench, while hearing the appeal of the petitioner, said that the delay in filing the petition cannot be dismissed on the ground that there is no fault of the petitioner in the delay. The division bench of the High Court said that the service of the petitioner’s father cannot be accepted as regular. Because no proposal was sent to regularize the service of his father.
The High Court held that unless there is a policy of employment for dependents in the event of the death of a temporary employee, they cannot be considered eligible for compassionate employment.