PUREN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought mandamus, commanding the respondents to re -consider the matter of his appointment on compassionate grounds.

(2.) BRIEF facts of the case, as narrated in the writ petition are that the Indian Veterinary Research Institute is an undertaking of the Central Government which controls the institute (respondent no. 3) at Mukteshwar. The petitioner's father was employed on a post of peon at Muketshwar with the respondent institute. He died during his service on

(3.) -06 -1997 in an accident, leaving behind his widow, six sons including the petitioner and one daughter. It is alleged in the petition that three elder brothers of the petitioner live separately with their families while the petitioner and his mother, apart from other three children were dependant on the deceased. The petitioner further says that one of his younger brother and an un -married sister are also living with him. There is no source of livelihood for them. The petitioner moved an application (copy Annexure -I) for his appointment on compassionate ground on which explanation was sought through a letter dated 24 -06 -1997 (copy Annexure -2) by respondent no. 2. The said letter was also replied through respondent no. 3. When no action was taken, mother of the petitioner wrote a letter on 03 -10 -2002 (copy of application Annexure -5), reminding the respondent no. 2 regarding petitioner's application for appointment on compassionate ground. However, through letter dated 14 -10 -2002; respondent no. 2 informed that the application of the petitioner has already been rejected. Aggrieved by the same, the present writ petition has been filed. 3. A counter affidavit has been filed on behalf of the respondents in which it has been admitted that petitioner's father was peon with respondent no. 3 who died during his service on 03 -06 -1997. However, it is stated that out of the seven children of the deceased, one son namely Surendra Singh was already employed with respondent no. 3 (since before the death of his father) and other three brothers namely Kundan Singh, Kunwar Singh and Ram Singh are self dependant. As such appointment on compassionate ground cannot be given to the petitioner. Apart from this, it is stated in the counter affidavit that a family of the deceased has received Rs. 1.30 lakhs as post death dues and family pension. In para 10 of the counter affidavit, it has also been stated that appointment on compassionate ground can be given only to indigent person, who deserves immediate assistance for the family of the deceased. Since already family pension of Rs. 1,790/ - per month is being paid to the family of the deceased, appointment on compassionate grounds cannot be given. The appointment on such grounds are made only as per the policy and the Government Orders the Government of India.