RAJESH KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The father of the appellant was working as a Peon in Udairaj Hindu Inter College, Kashipur (from hereinafter referred to as the "Institution". He died in harness on 23.01.2009. After the death of his father, the appellant moved a representation to respondentinstitution on 18.02.2009 requesting the respondentinstitution to give him compassionate appointment under the Dying in Harness Rules on Class III post. At that time, since no Class III post was vacant in the respondent-Institution, the request of the appellant for appointment on Class III post was not accepted.

(2.) It is the case of the appellant that due to poor financial condition of his family, under compelling circumstances, he moved another representation on 15.05.2009 requesting the respondent-institution to provide employment to him on Class IV post. On 19.06.2010, the petitioner was offered appointment on Class IV post. Since there were Class III posts vacant in the respondent-institution, the appellant again requested for giving him compassionate appointment. The application of the appellant was recommended by the Committee of Management for appointment on Class III post, but when no approval was given by the District Education Officer, the appellant filed Writ Petition (S/S) No. 587 of 2010 seeking the following prayers:

(3.) The learned Single Judge dismissed the writ petition by holding that the appellant was never facing any hardship nor there was any such hardship for the family, as otherwise he would not have refused the appointment on the Class IV post.