CWP-22533-2026 (O&M) 1 of 6 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 124 CWP-22533-2026 (O&M) Date of decision: 23.07.2026 Rajveer ...Petitioner(s) Vs. State of Haryana and others ...Respondent(s) CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Talim Hussain, Advocate for the petitioner. Ms. Tanushree Gupta, Addl.A.G., Haryana. *** NIDHI GUPTA, J. Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for the issuance of a writ, order or direction, especially a writ in the nature of mandamus to consider the claim of the petitioner for the post of Pump Operator in Gram Panchayat, Andhop, Palwal which is vacant on the account of natural death of petitioner's brother-Suresh; and keeping in view the letter dated 15.03.2025 (Annexure P-3), whereby directions were issued by respondent No.2 to all CEOs, Haryana, that if any pump operator died during service then the family member of deceased be appointed on the vacant post of pump operator, in the interest of justice. 2. It is inter alia submitted by learned counsel for the petitioner that the brother of the petitioner, namely, Suresh son of Kishan Chand DIVYANSHI 2026.07.24 17:35 I attest to the accuracy and integrity of this document CWP-22533-2026 (O&M) 2 of 6 was appointed as Pump Operator in the year 2016 at tubewell No.2 situated at Village Andhop, Post office Andhop, Tehsil Hathin, District Palwal, Haryana-121106. Suresh discharged his duties with utmost sincerity and discipline, and no complaint was ever filed against him during his whole service period. 3. However, on 04.03.2025, brother of the petitioner had died due to multiple organ failure. Learned counsel contends that vide letter/Instructions dated 15.03.2025 (Annexure P-3), respondent No.2 had issued directions to all Chief Executive Officers, Zila Parishads in the State of Haryana to the effect that if any Pump Operator died during service, then opportunity of job on the vacant post of Pump Operator is to be given to the family member of the deceased. Learned counsel submits that the petitioner being brother of the deceased, is entitled to be appointed as Pump Operator in view of the above Instructions dated 15.03.2025 (Annexure P-3). On a direct Court query, learned counsel further categorically stated that the deceased brother of the petitioner was never married. It is unequivocally stated that petitioner is the only entitled relative of the deceased. In this regard, learned counsel also refers to the E-Pehchan Card of his deceased brother issued by Employee’s State Insurance Corporation (Annexure P-5) wherein in the family details, name of the petitioner is duly mentioned as a dependent. 4. It is further submitted that the petitioner also possesses necessary qualification being 10th pass for appointment as Pump Operator DIVYANSHI 2026.07.24 17:35 I attest to the accuracy and integrity of this document CWP-22533-2026 (O&M) 3 of 6 as evident from result of the petitioner for Class 10 (Annexure P-4) issued by the Board of School Education, Haryana, Bhiwani. The petitioner had even submitted representation dated 09.06.2026 (Annexure P-6) to the CEO, Palwal alongwith copy of letter dated 15.03.2025. However, to no avail. He accordingly prays that present Writ Petition be allowed; and following prayer be accepted: - “(i) for issuance of a writ, order or direction, especially a writ in the nature of mandamus to consider the claim of the petitioner for the post of Pump Operator in Gram Panchayat, Andhop, Palwal which is vacant on the account of natural death of petitioner's brother- Suresh and keeping in view the letter dated 15.03.2025 (AnnexureP-3) whereby directions were issued by respondent No.2 to All CEOs, Haryana, if any pump operator died during service then the family member of deceased be appointed on the vacant post of pump operator, in the interest of justice.” 5. Per contra, learned State Counsel has vehemently opposed submissions of the petitioner and stated that letter dated 15.03.2025 (Annexure P-3) can at best be stated to be an inter-departmental communication on the basis of which no right accrues to the petitioner. Moreover, compassionate appointment is not a vested right. It is lastly submitted on instructions from Mr. Ashu Daggar, BDPO Hathin, that in any case, there is no vacant post of Pump Operator at Booster No.2 situated at Village Andhop, Post Office Andhop, Tehsil Hathin, District Palwal. In this DIVYANSHI 2026.07.24 17:35 I attest to the accuracy and integrity of this document CWP-22533-2026 (O&M) 4 of 6 regard, learned State Counsel refers to Memo No. 1789 dated 23.07.2026 received from Block Development and Panchayat Officer-respondent No.5; wherein it is informed that the petitioner is not working on the post of Pump Operator at Booster No.2; and that no application was given by the petitioner to the Panchayat. It is further stated therein that one Yogesh son of Kishan Chand is working on part-time basis on booster No.2. Therefore, petitioner cannot be engaged to the said post. A copy of the said Memo No. 1789 dated 23.07.2026 has been handed over in Court today, which is taken on record. She accordingly prays for dismissal of the present Writ Petition. 6. No other argument has been raised on behalf of learned counsel for the parties. I have heard learned counsel and perused the case file in detail. I find no merit in the submissions of the petitioner. 7. Ld. Counsel for the petitioner has miserably failed to controvert the aforesaid facts as stated by learned State Counsel. It is not disputed that after death of brother of the petitioner on 04.03.2025, as per the Memo No. 1789 dated 23.07.2026 received from respondent No.5-BDPO, one Sh. Yogesh son of Kishan Chand is already working as Pump Operator at Booster No.2. Clearly, therefore, the post is not vacant. Moreover, although learned counsel for the petitioner has categorically stated on Court query that deceased Suresh was not married, however, in e-pehchan card, petitioner is shown as dependent ‘son’ and moreover, DIVYANSHI 2026.07.24 17:35 I attest to the accuracy and integrity of this document CWP-22533-2026 (O&M) 5 of 6 marital status of petitioner’s brother Suresh is shown as ‘married’. Ld. Counsel for the petitioner is totally unable to explain this anomaly. 8. Furthermore, petitioner is relying upon ‘Instructions’ dated 15.03.2025 (Annexure P-3), as per which, it is contended that directions have been issued to Chief Executive Officers, Zila Parishads in the State of Haryana to appoint relatives of deceased pump operators. However, the said contention of the petitioner is gravely misconceived as a perusal of the letter dated 15.3.2025 shows that no such instruction has been issued. Rather, information has been sought as to “Whether any family member of the deceased Pump operator is currently working on the tubewell in place of the deceased or not, and if so, what his/her qualifications are.” Thus, the letter dated 15.03.2025 (Annexure P-3), can, in no manner, be construed as a direction to appoint relatives of the deceased Pump Operator. 9. Even otherwise, it is no longer res integra that claim for compassionate appointment is not a vested right. The present case is squarely covered by the judgment of this Court in Pinki Devi v. State of Haryana, (Punjab And Haryana): Law Finder Doc Id # 2859118; wherein it is held as under:- “Compassionate appointment is not a vested right and is subject to strict scrutiny of financial destitution and fulfillment of eligibility criteria as per applicable policy at the time of death of the employee.” DIVYANSHI 2026.07.24 17:35 I attest to the accuracy and integrity of this document CWP-22533-2026 (O&M) 6 of 6 10. Keeping in view the above noted undisputed, factual and legal position, the Writ Petition stands dismissed. 11. Pending application(s) if any also stand(s) disposed of. 23.07.2026 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DIVYANSHI 2026.07.24 17:35 I attest to the accuracy and integrity of this document