Court Quashes Rejection Letters, Directs Haryana State to Reconsider Petitioner's Eligibility
In a landmark decision, the Punjab and Haryana High Court has ruled in favor of Saksham Rathore, the son of a deceased Army officer, affirming his eligibility for compassionate appointment under the Haryana government's policies for dependents of "Battle Casualty" personnel. The case revolved around the rejection of Rathore’s application by the State of Haryana, which was challenged as arbitrary and contrary to the established policies.
Justice Nidhi Gupta presided over the case, which was filed under Article 226 of the Constitution of India. The petition sought a writ of mandamus against the rejection letters issued by the state, arguing that Rathore, being the dependent of a "Battle Casualty," was entitled to compassionate appointment under policies dated 28.09.2018 and 14.08.2023.
The court highlighted the state's misinterpretation of its own policies, which were intended to include dependents of "Battle Casualty" personnel. The policies from 2018 and 2023 explicitly mandate the inclusion of such dependents, and the court criticized the state for its narrow interpretation that excluded Rathore on the grounds that his father, who died during "Operation Snow Leopard," was not a "martyr" but a "Battle Casualty."
The judgment emphasized that once a death is declared a "Battle Casualty" by the Defense authorities, the state cannot contend otherwise. It further underscored the need for a liberal and beneficial interpretation of welfare policies, particularly those concerning families of defense personnel who sacrifice their lives in service.
The court quashed the rejection letters dated 16.02.2024, 24.05.2024, and 04.12.2025, directing the State of Haryana to reconsider Rathore's application within four months. This decision is expected to set a precedent for similar cases, reinforcing the rights of dependents of "Battle Casualty" personnel to receive support and recognition from the state.
Bottom Line:
Compassionate appointment policy of Haryana includes dependents of "Battle Casualty" personnel and not just "Martyrs". Liberal interpretation of policies governing welfare of dependents is mandated when death is declared as "Battle Casualty" by Defence authorities.
Statutory provision(s): Article 226 of the Constitution of India
Saksham Rathore v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2945960
