Punjab & Haryana High Court dismisses writ petition seeking relaxation of policy/rules for compassionate appointment, reiterates that withdrawal of such petition with liberty does not amount to adjudication on merits. The decision upholds established precedent, reinforcing limits on issuance of extraordinary writs for relaxing recruitment rules in service matters.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/30713/2025 of HARDEEP KAUR Vs STATE OF HARYANA AND ORS |
| CNR | PHHC011673272025 |
| Date of Registration | 14-10-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE HARPREET SINGH BRAR |
| Court | High Court of Punjab and Haryana |
| Precedent Value | No adjudication on merits; procedural value for withdrawal and liberty |
| Type of Law | Service Law / Writ Jurisdiction |
| Questions of Law | Whether the writ court can relax rules/policy for compassionate appointment ex debito justitiae. |
| Facts as Summarised by the Court |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | Not applicable; no adjudication on merits. |
| Persuasive For | Only of procedural value regarding withdrawal and liberty. |
What’s New / What Lawyers Should Note
- The High Court reaffirmed that withdrawal of a writ petition with liberty does not result in adjudication on merits.
- If essential particulars are missing, a petitioner may seek withdrawal with liberty to refile; courts may permit.
- No legal principle determined regarding relaxation of rules for compassionate appointment in this decision.
Summary of Legal Reasoning
- The matter was not adjudicated on merits as the petitioner’s counsel sought withdrawal of the petition with liberty to file afresh with better particulars.
- The writ was dismissed as withdrawn with liberty as requested.
- No substantive discussion or determination occurred regarding the powers of a writ court to relax service rules or policy for compassionate appointments.
Arguments by the Parties
Petitioner
- Sought issuance of writ for compassionate appointment by relaxing relevant rules/policy.
- Requested direction for consideration of representation dated 19.09.2023.
- During hearing, requested withdrawal of petition with liberty to file again with better details.
Respondent
- No submissions recorded in the order.
Factual Background
The petitioner filed a civil writ petition under Articles 226/227 of the Constitution seeking compassionate appointment in relaxation of the relevant rules/policy and a direction to decide her pending representation dated 19.09.2023. At the hearing, the petitioner’s counsel sought permission to withdraw the petition with liberty to refile, citing the need to provide better particulars. The court permitted withdrawal with liberty accordingly.
Statutory Analysis
- The petition invoked Articles 226/227 of the Constitution of India, seeking the extraordinary writ jurisdiction of the High Court.
- No statutory provision was interpreted or discussed substantively in the order.
Procedural Innovations
- The Court permitted withdrawal of the petition with explicit liberty to refile on the same cause of action with better particulars.
Alert Indicators
- ✔ Precedent Followed – Court adhered to established practice allowing withdrawal of the writ with liberty, without proceeding to adjudication on merits.