Family Having Availed Assistance Under Compassionate Appointment Rules Prevalent At Time Of Death Can't Seek Benefit Under New Rules: P&H High Court
Punjab and Haryana High Court recently held that when a family member has already availed financial assistance under the prevalent Rules at that time of the death of the government employee, they cannot agitate the claim of compassionate appointment under the new Rules. The bench comprising Justice Jaishree Thakur further added that if the petitioner is allowed to claim the benefit...
The bench comprising Justice Jaishree Thakur further added that if the petitioner is allowed to claim the benefit of compassionate appointment under the new rules of 2019 even when they have already availed financial assistance under the 2006 Rules prevalent at the time of government employee's death then the same will amount to availing "dual benefits" which is not allowed in law.
Once a family member has already availed of financial assistance under the 2006 Rules prevalent at the given time, the petitioner cannot agitate his claim under the Rules of 2019. It would amount to availing dual benefits.
Petitioner's father in the instant case died in service and after his death, his widow moved an appropriate application under the prevalent provisions of the 2006 Rules. 2006 rules provided financial assistance to the family of such government servant dying in service but it did not envisage offering of a government job as has been allowed by the subsequent Rules of 2019.
Accordingly, the court held that the application under the 2019 Rules for compassionate appointment in the instant case is devoid of any merits. Considering that the family members have already availed financial assistance under 2006 rules, the benefit of compassionate appointment under 2019 rules cannot be allowed.
The argument that since the application for compassionate appointment was made under the 2019 Rules, therefore, compassionate appointment ought to have been offered is without merit, considering the fact that family members of the deceased had already availed the financial assistance under the prevalent rules at the time of the death of the government employee and, therefore, now they cannot be allowed to turn around and say that the Rules of 2019 be also made applicable, as it would tantamount to availing dual benefit, which is not permissible in law.
For the reasons afore-stated, the court refused to interfere in the impugned order declining compassionate appointment under the Rules of 2019.
Consequently, the writ petition is dismissed.
Case Title : Sourav v. State of Haryana and Others
Citation : 2022 LiveLaw (PH) 202