CIVIL WRIT PETITION NO.21087 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: APRIL 18, 2011 Pawan Preet Singh .....Petitioner VERSUS Food Corporation of India, Noida and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Onkar Singh, Advocate, for the petitioner. Mr. H. S. Dhandi, Advocate, for the respondents. **** RANJIT SINGH, J. The petitioner, who is son of deceased employee of Food Corporation of India (for short, “FCI”), seeks appointment on compassionate ground on account of death of his father. Kuldeep Singh, father of the petitioner, died on 24.10.2003, leaving behind his widow, one daughter and present petitioner. Relying on the policy framed by the FCI, governing the compassionate appointment. The petitioner made an application on 16.6.2004 for his appointment. The District Manager constituted a CIVIL WRIT PETITION NO.21087 OF 2008 :{ 2 }: Committee to enquire into the fact of eligibility of the petitioner for compassionate appointment. The Committee after visiting the house of the petitioner, recommended his name for compassionate appointment. The District Manager accordingly forwarded his recommendation for appointing the petitioner on the post of Messenger. Despite this, the petitioner did not receive any appointment. The petitioner filed a representation on 20.5.2005. He again wrote to Senior Divisional Manager on 16.6.2008 and thereafter has filed this petition before this Court. In the written statement filed, the respondents have pleaded that there is no cause of action for the petitioner to file this petition. It is stated that case of the petitioner for appointment was forwarded to FCI and it was kept on roster. In view of the instructions issued by the Government, the case of the petitioner was reconsidered and since the petitioner's name was pending for more than 3 years, he was not considered entitled for appointment on compassionate ground. It is disclosed that as per the policy of the Government 5% seats of the direct recruitment quota is to be filled on compassionate ground. Since number of claimants are more than available posts with the FCI, the case of the petitioner could not be considered. This action has been taken in view of the policy instructions dated 5.5.2003, copy of which is annexed with the petition as Annexure R-1. Reference is also made to the financial position of the deceased employee, showing that the family of the petitioner had been released a sum of `10,98,389/-, which would also give an indication that the family has got sufficient funds, CIVIL WRIT PETITION NO.21087 OF 2008 :{ 3 }: besides drawing monthly family pension and, thus, case for compassionate appointment may not be made out. To be fair to the counsel for the petitioner, he prayed for time to place on record the documents indicating that some appointments have been made on compassionate basis. The prayer was declined primarily due to the reason that it may be so because the appointments are made against the 5% posts, for which the roster is being maintained. In fact, while deciding Civil Writ Petition No.16444 of 2009 (Jaswinder singh Vs. Food Corporation of India, New Delhi and another) on 17.3.2011, it was revealed on behalf of the FCI that no compassionate appointment has been made since 2001, though as per the policy 5% posts out of direct recruitment can be filled on compassionate grounds. The name of the petitioner was kept under consideration but it did not reach its turn for appointment within a period of three years. This list thereafter is to be given a go-bye as per the policy, as already noticed. The action of the respondents appears to be fair, just and reasonable and would not call for interference in exercise of writ jurisdiction. The writ petition is accordingly dismissed. April 18, 2011 ( RANJIT SINGH ) khurmi JUDGE