MAHIPAL SINGH NEGI Vs. DIRECTORATE OF SECURITY

JUDGEMENT

(1.) HEARD Sri B.S. Negi, learned Counsel for the petitioner and Smt. Anjali Bhargava, learned Standing Counsel for the respondents.

(2.) BY the present writ petition the petitioner has prayed for issue of a writ in the nature of mandamus directing the respondents to appoint the petitioner on the post of clerk on compassionate ground.

(3.) BRIEFLY stated that facts of the writ petition are that the father of the petitioner late Sri Jeet Singh Negi was working on the post of constable and his number was. 73698 (Constable) and father of the petitioner has died On 12 -10 -1987 while he was in service before attaining the age of superannuation and left behind him two sons and two daughters along with his widow. According to the averments made by the petitioner Mahipal Singh is the elder son of late Sri Jeet Singh and at the time of the death of his father he was minor, therefore, he could apply for his appointment on compassionate ground. However, the petitioner's mother Smt. Bijna Devi was applying continuously and making the request to the respondents that her son may be appointed on compassionate ground on account of the financial hardship, as will appear from Annexure -I. the letter dated 18 -6 -1991. The contents of the said letter are quoted below: Thereafter on 4 -5 -1993 the Area Organizer has directed the Commandant Group Srinagar that the application of Sml. Bijila devi has come and necessary formalities be got done in this application. The said direction is quoted below: "Copy of Smt. Bijna Devi W/o Late Ct./GD Jeet Singh Village Pali, P.O. Ming (Gadhera), District Chamnli (Gwl), along with the Part I of prescribed form of compassionate appointment. It is directed that prescribed form duly filled up in all respect may be submitted to this office in 5 copies. Application form should he accompanied with certificates of educational qualification, family details certificates etc. For assessing the case of your son for appointment on compassionate grounds, as per existing instructions of the Govt. in this regards. However, the petitioner was informed that due to the change of the policy the appointment is not possible. The said memorandum is quoted below: "Reference your application dated 30 -8 -94 regarding compassionate appointment. 2. It is to inform you that due to change of Government Policy on the matter there is no scope for compasisonate appointment:: 5. As will appear from the order dated 23 -7 -96, the petitioner was called for interview at about 10 A.M. The said interview letter is quoted below : However, again on 11 -12 -1996 the petitioner was called upon to give the following certificates with regard to the income etc. which is quoted below: The petitioner was informed on 14 -8 -1997 that the papers have already been sent to the Director General for taking action. The said order is quoted below: However, the petitioner submitted that the entire certificates as demanded. On 8 -5 -19&q the Directorate General of Security has not approved appointment of the petitioner on the compassionate ground in as much as that the family is getting regular pension. The order passed to that effect is quoted below: Memorandum "Subject: Compassionate Appointment Please refer to your memorandum No. 1II -1/79( 14) Vol -II 1/347 dated 17 -2 -97 & 23 -4 -97 on the Subject "cited above.