TINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Appeal has been preferred by the son of Shri Jai Prakash, a deceased constable in Haryana Police, seeking appointment on compassionate grounds, as his father and another constable died while on duty on 22/11/1997. The Appellant then was seven years of age, and the policy which was in force was dtd. 8/5/1995 which provided for ex-gratia appointment confined to Class III and IV posts. The widow of Balwan Singh, the other police constable, who died along with the father of the Appellant, was granted compassionate appointment as a constable upon her application.

(2.) The mother of the Appellant, being illiterate, could not seek an appointment for herself and therefore applied for compassionate appointment for her son, the Appellant herein. A letter from the Director General of Police, Haryana (hereinafter referred to as "DGP") dtd. 15/4/1998 was received by the Superintendent of Police on 20/4/1998 directing the name of the Appellant, Tinku, son of deceased Constable Jaiprakash, to be entered in the Minor's Register No. 47. This indicated the intention of the authorities of reserving one post for grant of employment to the Appellant at a later stage being minor child of deceased employee as per the applicable policy.

(3.) Since the Appellant was a minor, his claim was kept pending. A further communication from the office of the Superintendent of Police, Rohtak, dtd. 30/12/2003, was received by the mother of the Appellant that on attainment of the age of majority, the Appellant should approach the Office of the Welfare Inspector to get the case prepared. It is on this basis that the Appellant approached the DGP by way of representation dtd. 30/10/2008 putting forth his claim for appointment under the ex-gratia scheme, specifying therein that he had attained the age of majority on 10/10/2008. His mother also submitted a representation to the DGP, making reference to the earlier communications as mentioned above for the grant of appointment on compassionate grounds as per the policy.