SANJAY KUMAR Vs. THE SECRETARY, GOVT. OF INDIA

JUDGEMENT

(1.) IN the instant petition filed under Articles 226/227, the petitioner seeks quashing of the order dated 23rd July, 2012, whereby his request for appointment to the post of Peon/Mazdoor on compassionate grounds was declined, due to the non -availability of sufficient vacancies. The petitioner also seeks directions to the respondents to appoint him to the post of Peon/Mazdoor on compassionate grounds consequent to the demise of his father Balbir Singh who had died while in service on the post of Peon with respondent No. 5.

(2.) THE case of the petitioner in a nutshell is that his father Balbir Singh had expired on 3rd November, 2008 while in service on the post of Peon. The deceased employee is survived by his wife and two sons, and the petitioner herein is one of his sons. The petitioner had submitted an application on 9th March, 2009 seeking appointment on compassionate grounds. Despite the fact that the Board of Officers considered the petitioner suitable for appointment to the post of Peon, however did not give any appointment to the petitioner and finally vide letter dated 23rd July, 2012, the petitioner was denied the appointment on compassionate grounds due to the non -availability of sufficient vacancies within five percent even after giving a 3rd and final consideration to the case of the petitioner.

(3.) MR . Pratap Singh, learned counsel for the petitioner raised a contention that, the respondents to show a lack of arbitrariness on their parts must disclose the complete particulars and also the financial background of the other candidates who were preferred over the petitioner and were granted compassionate appointments against five percent vacancies in Group 'C' and 'D' posts so that the petitioner is able to carry out the necessary evaluation of his financial condition vis -a -vis the selected candidates.