Punjab and Haryana high court stays ASI post given on ‘compassion ground’

CHANDIGARH: The Punjab and Haryana high court dismissed an appeal moved by Chandigarh administration to make void the post of assistant sub inspector (ASI) made on compassionate grounds. Chandigarh administration had challenged the order given by the Central Administrative Tribunal on December 13, 2017, that the petitioner, Rahul Bharadwaj, be made ASI, following the death of his father, who was a deputy superintendent of police.

The petitioner had lost his father on January 22, 2014. His mother had submitted an application seeking appointment for her son on compassionate ground for the post of ASI. The case was duly considered by the departmental common committee and the matter was approved by the advisor to administrator, UT Chandigarh. The case was forwarded to the Central government on March 20, 2014. The Central government had raised objections to the effect that post of ASI falls under Group C. Following which, Bharadwaj was offered only the post of constable, on April 29, 2016.

Bharadwaj had approached the tribunal, stating the reference of another case whereby a Parminder Singh, though similarly situated, was offered the post of the ASI on compassionate ground, vide letter dated December 26, 2014. The tribunal allowed his application, but the order was challenged in the high court. Bharadwaj’s father was working as deputy superintendent of police. He had died of heart attack.

The HC, while dismissing the UT administration appeal stated that “Though the appointment on the basis of compassionate ground is not a matter of right, but there should not be any discrimination or arbitrariness. The tribunal has rightly come to the conclusion that there was violation of Articles 14 and 16 of the Constitution of India.”