Punjab & Haryana High Court Quashes Rejection of Compassionate Claim; Orders Benefits Under 2006 Rules to Son of Deemed-In-Service Employee

Case Name: Chander Mohan vs. State of Haryana and Others
Date of Judgment: 21 November 2025
Citation: CWP-19615-2012
Bench: Hon’ble Mr. Justice Sandeep Moudgil

Held: The Punjab and Haryana High Court set aside the rejection of the petitioner’s compassionate claim and directed the State to grant financial assistance under the Haryana Compassionate Assistance Rules, 2006, holding that the employee’s dismissal had already been quashed and he must be treated as having died in service.

Summary: The petitioner’s father, an Inspector in the Food and Supplies Department, was dismissed in 1989 but his dismissal was quashed in 2010, restoring continuity of service until his death in 1995. The petitioner’s claim for compassionate appointment was rejected in 2012 on the basis of the 2006 Rules, with the State arguing that compassionate appointments no longer existed and that the employee was not in service at the time of death.

The Court held that once the dismissal was quashed, the employee was deemed to have remained in service until his death. It found that the rejection order failed to consider the legal effect of the reinstatement, ignored the humanitarian purpose of compassionate schemes, and was arbitrary for lack of reasons. The Court relied on decisions including Balbir Kaur v. SAIL, Suresh v. HSEB, and Shukla & Bros., reiterating that compassionate assistance must be interpreted liberally and cannot be denied on technical grounds or bureaucratic delay.

The Court concluded that the petitioner’s case fell squarely within the ambit of the 2006 Rules, particularly Rule 6, which explicitly covers pending cases and enables dependents to receive financial assistance or opt for lump-sum benefits under earlier policies.

Decision: The writ petition was allowed. The rejection order dated 14 and 16 August 2012 was quashed. The State was directed to extend financial assistance to the petitioner under the 2006 Rules within four weeks.