DHARMINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The right to compassionate appointment is governed strictly by State policy as it is an exception to the general rule of recruitment to public service measured by standards as would not frustrate the equality and equal opportunity principles in Articles 14 and 16 of the Constitution of India and the constitutional scheme of public appointments.

(2.) The petitioner's father died in harness on September 28, 2011 while serving as a Patwari in the revenue department in District Kapurthala, Punjab. Minor son, the petitioner born on January 1, 1997, applied for benefit through his mother on December 12, 2012 of appointment as Patwari in Class III service.

(3.) The Deputy Commissioner, Kapurthala called for a report on the financial condition of the surviving family. The report dated August 4, 2014 was that the position is weak as the family possessed only 6 Kanals of land but no action has been taken on the favourable report. Petitioner cited instance of one Prabhjot Singh whose father, a Patwari serving in the same district died on January 2, 2014 and was provided employment on May 30, 2014 after applying on January 22, 2014. Says he has been discriminated against in the matter of appointment while the case of Prabhjot has been fast tracked.