LAWS(UTN)-2008-9-59

GIRISH CHANDRA Vs. UNION OF INDIA

Decided On September 16, 2008
Shri Girish Chandra Appellant
V/S
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

(1.) BY means of present writ petition, Petitioner has prayed for a writ of Mandamus directing and commanding the Respondents to provide appointment to the Petitioner under compassionate appointment framed by the Govt. of India.

(2.) BRIEF facts of the case are that father of the Petitioner, who was working in GREF Department of the Central Government, died on 8.9.1989 while in service. At that time, the Petitioner was minor. At the same time, the mother of the Petitioner, moved an application to the Respondents stating therein that when her son/Petitioner would attain the age of majority, he may be given appointment in place of his father under Dying in Harness Rules. Thereafter, on 28.9.1989, a letter was sent by the Respondent office to the mother of the Petitioner, wherein it was stated that if any person in the family is not in Govt. Service, there is a provision to give appointment to a male person under Compassionate Ground. In the said letter, mother of the Petitioner was directed to fulfill the application form annexed with the said letter. The mother of the Petitioner fulfilled the form for appointment of the Petitioner on compassionate ground with undertaking that the Petitioner shall look after the family. When the Petitioner matured, on 6.7.2000, mother of the Petitioner wrote a letter to the Commandant GREF/Respondent No. 3 for appointment of her son under the policy of compassionate appointment. In reply to the said letter, on 8.8.2000 a letter was sent to the mother of the Petitioner along with a form providing compassionate appointment to the Petitioner. Application form was filled along with all the formalities and sent to the Respondent No. 3. The application form was forwarded to the Respondent No. 1 vide letter dated 10.8.2000 for taking necessary action. Thereafter, on 12.12.2000, a letter was sent by the Respondent No. 3 stating therein that the application of the Petitioner is under consideration and the matter will take six to eight months. Thereafter again, on 1.11.2001, a letter was sent by the Respondent No. 3 informing the Petitioner that the matter is under consideration and the same will take further six to twelve months.

(3.) I have gone through the contents of the writ petition as well as of the rejoinder affidavit.