Compassionate appointment in haryana
Querist :
Anonymous
(Querist) 06 September 2021
This query is : Resolved
Respected sir/madam,
My father expired in april and he was working as a iti plumber instructor in haryana. We applied for ex-gratia compassionate appointment and One time grant in mid-july. Till now we did not got any infor regarding the application we made. As per provision we should get grant within 15 days but still no action.
Also the officials say there a SLP pending in Supreme Court regarding regularisation of Employees in 2014 and supreme court have maintained a stay on case in 2019. So i will not get any benefits.
Now Chief secretary office issue a clarification letter dated 28 june 2020 stating employess will get benefits but not get promotions till the slp is over. Haryana government is with employees and want to win case in favour of employee but still the ex-gratia files of such employees are on hold.
I want to know is there anything possible in this case?
i want to seek advice before i consult a lawyer in real. My father served for 14 years 8 months and 6 days in this job.
K Rajasekharan
(Expert) 06 September 2021
Both regularisation of provisionally appointed persons and appointment on compassionate ground are not supported by the constitutional scheme in its right spirit.
But both take place in almost every state government and the Central government regularly. The Supreme Court strongly said in a constitutional bench judgement that the former is unconstitutional but has not declared the latter as unconstitutional as it is a matter requiring some compassion in many a case. But nobody has any right to both these kinds of appointment, as a matter of right.
Now central government has reduced the quota of compassionate appointment to a minimum of 5 per cent of the total and norms have been fixed for both. Usually, a person having no much assets and debt burden are given appointment nowadays.
But some state governments like Kerala lavishly appoint candidates on compassionate ground when officials die. Now a new commission report released last day in Kerala suggests that some restrictions need to be done on such appointments which hamper the overall productivity of the service itself.
In short, the candidate has no legal right to get a compassionate appointment as per law. So there is no scope for approaching a court to speed up your appointment, as per law.
But if you get an appointment out of the compassion on the part of the government it is well and good.
kavksatyanarayana
(Expert) 06 September 2021
I agree with the appreciated advice given by the learned expert Mr.K. Rajasekharan Sir.
Pradipta Nath
(Expert) 07 September 2021
Compassionate ground is not a legal right, as very rightly highlighted by Learned Senior Mr. Rajasekharan. Though you can move a writ if you observe any irregularities or breach or fundamental rights in the selection process, be it in compassionate candidates or otherwise!
Querist :
Anonymous
(Querist) 07 September 2021
Thank you for your replies sir. I agree with what you said.
Here i want to know granting ex-gratia benefits to such employee is contempt of court or not? Please clarify.
K Rajasekharan
(Expert) 07 September 2021
If such benefits are granted in a fair, just and reasonable manner it is not illegal. The government is duly authorised to take any such relief policy.
The courts cannot set such policies or orders aside or give any direction against them so long as they do not go against any law in the country.
If a court issues a specific direction to a particular individual or a group of individuals in any matter on account of its illegality, and if they ignore such specific direction, the court can take action under contempt of court law.
The government is the authority empowered to govern the country. Only when any action of the government turns into an illegal one based on the statute the legislature passes or the government brings in, then only the court can step in and spring into action.
T. Kalaiselvan, Advocate
(Expert) 07 September 2021
The Haryana compassionate assistance to dependents of deceased government employees, Rules 2003 have been framed under article 309 of the constitution of India which have been notified by a gazette dated 4.3.2003 with a view to assist the family of the deceased employee in tiding over the emergency situation resulted due to the loss of the bread winner by giving either of the following options:
1. Exgratia compassionate appointment to any member of the deceased family who were fully dependent on the deceased employee
or
2. Exgratia compassionate financial assistance to the family of the deceased, over and above all other benefits like ex-gratia grant due his family a
@ Rs. 2.5 lakhs in cases where the family does not opt for exgratia compassionate appointment.
Since you have submitted the application long back and awaiting the reply, you may send a letter under RTI act to know about the status of your application.
After that you can take necessary action in this regard as per law.
The object of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Court Officer/servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Court Officer/servant concerned
Querist :
Anonymous
(Querist) 08 September 2021
Respected Experts,
I want to know if haryana govt. providing ex-gratia benefit will be considered as contempt of court or not? Chief secretary office is giving all benefits except promotion.
refer: http://csharyana.gov.in/WriteReadData/Instructions/General%20Services-I/11097.pdf
Sudhir Kumar, Advocate
(Expert) 22 November 2021
Actually you want to know whether action "A" will (or will not) amount of contempt of court in "B" order.
In that case none can forma clear view without seeing the court orders.
