STATE OF HIMACHAL PRADESH Vs. RAJESH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) Father of the respondent, Shri Dutt Sharma, was working as a caretaker in the R and I Section at the H. P. Civil Secretariat. He died in harness on 6-10-1994, leaving behind a widow and three sons, besides a daughter. The respondent herein is the third son. The widow Smt. Vidya Devi filed an application on 17-11-1994 seeking appointment of the respondent on compassionate grounds. She maintained that after the death of her husband, the responsibility of looking after the family had fallen on her, because the elder son Rajinder Kumar was living separately with his wife and children and not supporting her and other children. She requested that the respondent be given employment on compassionate grounds. The request of the widow was, however, turned down repeatedly by the appellants on the ground that since her elder son was already in government service therefore no appointment could be given on compassionate grounds to her other son. That led the respondent to file a writ petition in the High Court. By the impugned order, a Division Bench of the High Court on 21-12-1995, allowed the writ petition and directed the appellants to appoint the respondent on compassionate grounds within a period of three months. Aggrieved, the appellants filed a special leave petition in this Court in which notice was issued and the operation of the order of High Court was set aside.