Job in Chandigarh Police on Compassionate Ground Stayed by High Court

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Last Updated on January 12, 2026 by Satish Mishra

Jobs in Chandigarh Police on compassionate grounds can be stayed or challenged in the High Court if the appointment violates existing rules, like exceeding the 5% annual limit, isn’t against a regular vacancy, lacks proper procedure (like a Departmental Committee assessment), or if the family isn’t genuinely indigent. The High Court ensures these appointments meet specific criteria, such as addressing immediate hardship, and it has overturned appointments if the process was flawed, emphasizing that compassionate appointment isn’t an automatic right but depends strictly on the scheme’s terms.

Various courts of this country, be it CAT , High Court , Labour Court , Supreme Court etc. or any other have settled the view on jobs on compassionate ground in government offices which is

“ The appointment on the basis of compassionate ground is not a matter of right but there should not be any discrimination or arbitrariness. In that eventuality it would be violative of Articles 14 & 16 of the constitution of India.

Chandigarh Police Compassionate Appointment

Also Read- COMPASSIONATE APPOINTMENT CONTROVERSY EX-CJM’S WIDOW

Facts of the case:
1 Petitioner Rahul Bhardwaj who’s father was a DSP in Chandigarh Police died on duty due to heart attack on Jan 22, 2014.
2 He applied for the post of ASI in department on compassion ground after the death of his father.
3 The case was duly considered by the departmental common committee and further approved by the Advisor to administrator, UT Chandigarh.
4 The case was then forward to central government on March 20, 2014 where objections were raised since ASI post falls in Group C and thus the post of constable was offered to Applicants on April 29, 2016.
5 Petitioner approached the CAT Tribunal Chandigarh stating the reference of one Parminder Singh, similarly situated who was offered the post of ASI on compassionate ground vide letter dated Dec 26, 2014.
6 The tribunal allowed the appeal of Mr. Bhardwaj on Dec 13, 2017.
7 The UT administration against this order of CAT Chandigarh moved to High Court and oppose the petitioner to be made ASI following the death of his father working as a DSP on compassionate basis.

Also Read- GUEST TEACHERS CAN’T BE REMOVED TILL REGULAR APPOINTMENT – HIGH COURT

Why High Court Stays Compassionate Appointments:

  • Not a Right: Compassionate appointment is an exception, not a fundamental right, to help families facing immediate financial crisis after the breadwinner’s death.
  • Scheme Violations: Appointments can be stayed if they don’t follow the established scheme, like offering posts for which the candidate isn’t eligible (e.g., ASI instead of Constable).
  • Financial Stability: If the family is financially stable or has received other benefits, the appointment can be denied.
  • Procedural Lapses: Failure to follow proper procedures, such as getting approval from the competent authority or assessing suitability, can lead to a stay.
  • Exceeding Limits: Appointments must respect the 5% annual limit of total vacancies, and requests can be carried forward, but not indefinitely.
  • Against Future Vacancies: Appointments must be against available regular vacancies, not future ones. 

Conclusion: Law is clear in Service Matters. One for all and all for one. There can’t be any exceptions. If there are, then you too can be accommodated.

But remember, its never your right to get a job on compassionate grounds. So engage one of the top most CAT lawyers of Chandigarh who can make out your case.

Key Cases & Precedents:

  • Parminder Singh Case: A CAT Tribunal allowed an ASI post, but the UT Administration challenged it in the High Court, highlighting discrepancies in offering posts based on the deceased’s rank (DSP) versus the dependent’s eligibility (Constable).
  • Landmark Judgments: The High Court often cites Supreme Court rulings (like Union of India vs. Gopal Chandra Misra) to emphasize that withdrawal of retirement applications or appointment procedures must strictly adhere to established rules. 

Also Read- TYPES OF SERVICE MATTERS IN CAT TRIBUNAL CHANDIGARH

What Happens:

If a case is challenged, the Chandigarh Police (or Administration) must justify the appointment based on the specific Standing Orders and government instructions. If the High Court finds the appointment arbitrary or non-compliant, it can stay the order and direct a re-evaluation. 

Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview  included in Post.

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