SUNIL KUMAR Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) HEARD Mr. Tapan Singh, Advocate for the petitioner and Mr. V.K. Kohli, Senior Advocate assisted by Mr. I.P. Kohli, Advocate for the respondents.

(2.) THE father of the petitioner died in harness while he was working as Artisans -I in the Bharat Heavy Electricals Ltd. (hereinafter referred to as BHEL). The petitioner being the dependant of the deceased employee moved an application dated 22.08.2006 for appointment on compassionate ground. In response to the application of the petitioner, the Deputy Manager, BHEL, Rudrapur informed him that his application for compassionate appointment would only be considered in the event the vacancy occurs in the unit. Thereafter, the BHEL issued an advertisement dated 03.09.2011 calling for eligible candidates for appointment, inter alia, on the post of Welder. There were 10 posts of Welder for the dependants of deceased employees. The petitioner was the sole applicant under the dying in harness quota. The petitioner appeared in the selection process, but he has not been selected. Hence the present petition.

(3.) THE case of the petitioner is that firstly he was liable to be appointed on compassionate ground without going through a selection process. Although, he faced the selection process in which he qualified the written test and thereafter appeared in the interview, yet he has not been selected. Learned counsel for the petitioner relied upon Clause 6.2 of the BHEL Recruitment Rules, which reads as under : -