Compassionate Appointment Claims To Be Decided Based On Policy At The Date Of Demise: Allahabad HC

The Court was hearing a Writ Petition with the prayer to quash the order passed by the District Commandant Home Guard, Kanpur Nagar whereby the compassionate appointment of the petitioner was restricted to only the post of Home Guard (Volunteer) in the Home Guards Department after retrospective application of Government order.

The bench of Justice Prakash Padia observed, “claim for compassionate appointment under the scheme of the particular year should be decided only on the basis of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.”

Advocate Seemant Singh appeared for the Appellant.

Brief Facts-

The father of the petitioner Saurabh Suchari died while working on the post of Honorary Company Commander in the Home Guard Department on October 18, 2020. The application form submitted by the mother of the petitioner for the appointment of his son (petitioner) was duly taken into consideration and thereafter a decision was taken by the respondent to provide the appointment to the petitioner on the post of Home Guard (Volunteers).

According to the Court, the order was passed taking into consideration the Government Order dated November 3, 2020.

The Court stated that it is an admitted fact between the parties that the father of the petitioner died before November 3, 2020, the aforesaid Government Order came into force with immediate effect, hence the same will not apply retrospectively.

The Court relied on the decision of the Supreme Court in Canara Bank and Another vs. M. Mahesh Kumar 2015 (7) SCC 412, and quoted, “claim of compassionate appointment under a scheme of a particular year cannot be decided in the light of the subsequent scheme that came into force much after the claim.”

According to the Court, in the present case, the Government Order dated November 3, 2020, was issued after the death of the father of the petitioner and since the same was applied with immediate effect, it is of the opinion that the order passed by the respondent is liable to be set aside.

The Court set aside the impugned order and allowed the Writ Petition.

Cause Title: Saurabh Suchari v. State of U.P. (Neutral Citation: 2024:AHC:68121)

Appearance:

Adv. Seemant Singh