Case: PUNJAB STATE POWER CORPORATION LIMITED &amp; ORS Vs. NIRVAL SINGH

3. The respondent sought compassionate appointment on account of the death of his father on 17.05.2004, who was working with the appellants.On the date the application was submitted, the policy for compassionate appointment dated 21.11.2002, is stated to have been in force4. The respondent did not get any compassionate appointment and it is the case of the appellants that the implementation of the policy was kept in abeyance on account of the consideration of a new policy.The new policy came into effect on 23.11.2004.The respondent was sought to be granted the benefit under the new policy in terms whereof solatium of Rs. 3 lakhs was offered to him. In the alternative the respondent was also offered the benefit of temporary post.He declined both the options5. For the first time the respondent approached anyjudicial forum in the year 2011 by filing a Writ Petition which was disposed of on 12.03.2012 to consider his application in a time bound manner as per policy.The petitioner, however, rejected the request.In the second Writ Petition filed assailing this decision, the respondent was relegated to the remedy of a civil suit as requested.The respondent filed the civil suit where his suit was initially dismissed but thereafter the appeal was allowed and in terms of the impugned order the second appeal has also been dismissed6. These orders are now sought to be assailed by the appellants.

Reasoning:
7. The fundamental principle which has to be kept in mind is that there is no inherent right to obtain a compassionate appointment and such compassionate appointment has to be in accordance with the existing policy as the objective is to ameliorate the condition of the family at the relevant stage of time and it is the deviation from the rule of merit9. In our view there is more than one impediment in the way of the respondent10. The first is the delay in approaching the Courts for redressal after a period of 7 years even if he is making representations.The very objective of providing immediate amelioration to the family is extinguished.The second is that the earlier policy having been abolished and the new policy having coming into force, the application has been considered under the new policy and the options available were offered to the respondent who failed to avail of the same12. We are thus of the view that the offer of solatium could be the only remedy available, more so at this stage of time13. The solatium of Rs. 3 lakhs was offered immediately onSeptember, 2004.We are informed that as per the current policy the solatium has been revised to Rs. 5 lakhs.