ABHISHEK KUMAR versus STATE OF HARYANA AND ORS.

ABHISHEK KUMAR versus STATE OF HARYANA AND ORS.

Appellant was entitled to appointment on compassionate grounds as per rules existing at the time of his father's death in 2001; refusal by District Magistrate was not valid as the appellant could be appointed anywhere within the State and the High Court erred by applying 2003 Rules retrospectively.

Parties
Appellant: Abhishek Kumar; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
04 December 2006
Procedural Posture
Civil Appeal / Judgment After Appeal From High Court Order
Outcome
Appeal allowed, High Court judgment set aside.
Legal Topics
Appointment on Compassionate Grounds, Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003
Service Law Appointment on Compassionate Grounds Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Abhishek Kumar

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment After Appeal From High Court Order

Legal Issues

  1. 1 Whether appellant was entitled to appointment on compassionate grounds under rules existing prior to 2003 rules
  2. 2 Effect of absence of vacancy in the district for compassionate appointment

Ratio Decidendi

Appellant was entitled to appointment on compassionate grounds as per rules existing at the time of his father's death in 2001; refusal by District Magistrate was not valid as the appellant could be appointed anywhere within the State and the High Court erred by applying 2003 Rules retrospectively.

Court Disposition

Appeal allowed, High Court judgment set aside.

Orders

  • Department of Personnel, State of Haryana directed to issue appointment letter posting the appellant to any post within the State as per his original seniority within four weeks from receipt of order.