HARBHAJAN SINGH Vs. NATIONAL FERTILIZERS LIMITED AND ANOTHER

JUDGEMENT

(1.) In the present appeal, the appellant's father who was a driver in the respondent-National Fertilizers Company was appointed in the year 1976. He died on 07.09.1997. As on the appellant's father death, for the purpose of compassionate appointment in respondent company, Policy issued on 01.05.1974 pertaining to the sons/daughters/employees/Exemployees of the Corporation is appointed to technical or non-technical posts (Class-III and Class-IV) is in vogue.

(2.) The appellant submitted an application for compassionate appointment on 20.11.1997. The respondents have taken four years time to consider his application for compassionate appointment and rejected on 12.03.2001. Perusal of the rejection communication is in respect of four persons, it is cyclostyle copy as is evident from the communication dated 12.03.2001 which reads as under:-

(3.) In this backdrop, the appellant filed a suit on 16.07.2003. The suit was allowed in favour of the appellant. The same was reversed by the Appellate Court stating that compassionate appointment is not a right and with reference to the factual aspects relating to the appellant's father, he had two daughters and they were married. However, as per 1974 Policy, wherein certain conditions are imposed for the purpose of compassionate appointment has not been taken into consideration. What has been taken into consideration is only a harness in the family. Harness in the family is conclusive and is not supported by any reasons, therefore, Appellate Court order is liable to be rejected.