BHUPINDER SINGH Vs. LIFE INSURANCE CO.

JUDGEMENT

(1.) THE petitioner has approached this Court by way of the present writ petition on the allegation that denial of employment to him by the respondent on compassionate grounds is illegal and un-constitutional. It is submitted by him that his father was employed as a Development Officer with the respondents. He died while in service on 20.12.1995, on which date the petitioner was minor. The petitioner further states that he had attained majority on 25.9.2000 and prior to that, a request/representation had been made vide Annexure P-1 to the Senior Divisional Manager of the respondent by his mother on 7th June, 1996 that the petitioner be given employment on compassionate grounds.The brother and sister of the petitioner were also minors and the mother had expressed her inability to take up any employment as she was traumatized by the untimely death of her husband and was looking after the family consisting of minor children and ailing in-laws. The pleadings further show that the mother of the petitioner had raised some loans to bring up her family. According to the petitioner, the provision of reservation of post for appointment on compassionate grounds for minor sons/daughters of a deceased employee for a period of three years after the death of the parent in employment, is arbitrary and without any rational nexus to the object sought to be achieved.

(2.) THE respondents in their reply have submitted that employment was offered to the mother of the petitioner who had declined to take the same. The respondents further relied upon three decisions, two of the Hon'ble Supreme Court and one of the Hon'ble High Court of Allahabad, wherein it has been held that the policy for compassionate employment should be construed as it is without being influenced by compassionate consideration. The policy/guidelines are to be strictly construed.

(3.) IT is submitted by the learned counsel for the petitioner that the application on his behalf for consideration of grant of compassionate employment was made well within time after the date on which his father died i.e. within a year of the death of his father. In any event, if the relaxation clause is to be invoked, the application had been made within three years from the date of the death of his father. In these circumstances, learned counsel for the petitioner submits that respondents be directed to consider his case for compassionate employment in terms of the instructions/policy as aforesaid.