BIJENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition under section 226 of the Constitution of India, the petitioner has sought the following reliefs: - (i) To issue an order, direction or appropriate writ as considered necessary commanding the respondents to grant compassionate appointment to the petitioner as a soldier in the ITBP or alternatively grant him any other employment in a class 'D post. (ii) To award the costs of the petition. (iii) and to grant any other relief which the Honble Court may deem fit, proper and equitable on the facts and circumstances of the case.

(2.) THE petitioners case is that his father late Shiv Singh Khatri (No. 877020152) joined the Indian Tibet Border Police ( I.T.B.P.) in the year 1982 as a soldier in the trade of driver at the age of about, 21 years. In due course of time, the petitioners father was promoted as 'Naik. On 6.7.1987 his father while posted in Transport Battalion at Chandigarh was killed by the terrorists at the age of 26 years. Shiv Singh Khatri (No. 877020152) left behind his young widow and two children i.e. the petitioner who was 3 years old and his sister who was four months old at that time. According to I.T.B.P. Rules, a male is eligible for enrolment in the force as a soldier. Since none of the male family members were eligible for appointment on 'compassionate grounds in the I.T.B.P. at that time, the petitioners mother was granted family pension and was advised to seek petitioners employment on 'compassionate grounds when he attained majority. The petitioner passed the intermediate examination in the year 2003 and he attained the majority in the year 2003. Unfortunately, the mother of the petitioner fell down in the hills and died at the spot leaving behind the petitioner and his sister all alone. As soon as the petitioner attained the age of majority, he filed his application before the respondent no. 2 that he might be appointed on 'compassionate ground in the I.T.B.P. in accordance with the Rules. Vide letter dated 16.09.2003 the respondent no. 2 asked the petitioner to submit his application alongwith the requisite documents. The petitioner submitted all the relevant documents alongwith the application on 18.10.2003 to the respondent no.2. When the petitioner did not receive any reply from the respondent no.2 he again submitted his application alongwith other documents. In the meantime, it was informed by the respondent no.2 that he had not received any application or any documents from him. The petitioner submitted application again alongwith other documents. Ultimately, on 18.06.2005 the respondent No. 2 returned the application of the petitioner stating therein that he is not eligible for appointment on 'compassionate grounds as he had submitted the application for appointment on 'compassionate ground after 17 years of the death of his father and he ought to have made his application within

(3.) YEARS from the date of his father. It was further stated that he had not given any application for being appointed in the I.T.B.P. Hence, this writ petition has been filed before this Court. 3. Heard learned counsel for the parties and perused the record.