VidhiSangh

Supreme Court of India · 13/11/2024

TINKU versus STATE OF HARYANA & ORS.

[2024] 11 S.C.R. 713 · 2024 INSC 867

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Summary

The son of a Haryana Police constable who died on duty in 1997 reached majority eleven years later and claimed compassionate appointment. The Supreme Court upheld the rejection of that claim under the 1999 instructions, which required a minor dependant to attain majority within three years of the death. Because the State had kept the family's claim pending and never told the widow about a 2011 one-time option, the Court allowed her to apply for lump-sum ex-gratia compensation within a time limit.

Issues

  1. Whether the appellant, who attained majority eleven years after his father's death, was entitled to compassionate appointment despite the 1999 instructions requiring majority within three years of the death.
  2. Whether appointments given to others in similar cases entitled the appellant to the same benefit under Article 14.
  3. Whether the family of the deceased employee should be allowed to claim lump-sum ex-gratia compensation instead.

Provisions considered

Held

Result

Appeal disposed of. The rejection of compassionate appointment was upheld. The widow was permitted to apply for lump-sum ex-gratia compensation, to be decided within six weeks of receipt. If she is found entitled and the amount is not paid in time, it carries interest at 6% per annum from the date of the representation. No order as to costs.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 713.