In the High Court of Punjab and Haryana, Chandigarh C.W.P. No. 17504 of 2006 Date of Decision: 6.11.2006 Rakesh Kumar …Petitioner Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE M.M.S. BEDI PRESENT: Mr. Ashok Khubbar, Advocate, for the petitioner. JUDGMENT M.M. KUMAR, J. (Oral) The prayer made by the petitioner is for quashing order dated 25.10.2006 (P-7) declining his request for appointing him on the post of Clerk on compassionate ground instead of the post of Baildar. It is an admitted position that the father of the petitioner was working on the post of Driver and he died on 28.5.2003 in harness. On the representation made by the petitioner he was appointed as Baildar in the pay scale of Rs. 2550-3200. Thereafter, the petitioner through his counsel served a legal notice on 27.7.2006 (P-6) claiming that the petitioner was entitled to appointment on the post of Clerk which is a post one step below than the post of driver held by his father. In that regard reliance has been placed on Rule 5 of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003. The relevant portion of Rule 5 (c) reads as under:- “ 5(c) The appointment being offered shall be at least one step lower than that of the post of the deceased C.W.P. No. 17504 of 2006 Govt. employee, except in cases where the deceased Govt. employee was working at the lowest level in Group-D post. However, in the case of deceased Govt. employee, who was working at the lowest level in Group ‘C’ such as Junior Engineer, JBT Teacher, Pharmist, Driver, Patwari etc. where one step lower post does not exist in that case, the post of Clerk or its equivalent shall be offered. Provided that while giving the post under these rules the substantive/ officiating post on which the deceased Govt. employee was working is to be considered and not the pay scale of the deceased.” Having heard learned counsel we are of the considered view that compassionate appointment is not a mode of recruitment. It only helps the family to overcome the sudden financial crisis created due to death of the bread earner. If the petitioner is intending to be appointed on any other higher post then he shall compete with the open marked candidates and if he succeeds in the open competition then he may be able to get a better post. The post of baildar given to him is quite adequate to meet the emergent situation created by the death of his father. There is no ground to interfere. Dismissed. (M.M. KUMAR) JUDGE (M.M.S. BEDI) 2 C.W.P. No. 17504 of 2006 November 6, 2006 JUDGE Pkapoor 3