RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the present writ petition has challenged the impugned order dtd. 30/10/2009, as passed by the respondent No. 2, whereby the claim of the petitioner for appointment on compassionate grounds has been rejected. The petitioner has further sought a relief that his claim for appointment on compassionate ground may be directed to be considered in accordance with the educational qualifications, which he possesses.

(2.) The brief facts leading to the filing of the present writ petition are that the father of the petitioner who was employed in the Military Engineering Service (M.E.S.) Roorkee as a Mate Carpenter had met with the sad demise on 9/11/2002. As a matter of fact, it is admitted that after the death of his father on 9/11/2002, the elder brother of the petitioner - Mange Ram had filed an application seeking compassionate appointment by moving an application on 21/2/2005; but later on he withdrew his candidature and thereafter petitioner has extended his candidature to be considered for appointment on compassionate grounds by filing of the application only on 20/9/2006. The application of the petitioner for being appointed on compassionate grounds was considered by respondent No. 2, along with various such other applications of other candidates which have been submitted for appointment on compassionate grounds. Ultimately, the application of the petitioner had been rejected by the impugned order dtd. 30/10/2009 on the ground that as per the conditions laid down under the Office Memo as prevailing with the respondent department the maximum percentage of permissible appointments which could be made on compassionate grounds i.e. 5%, thus 5% vacancies as against total cadre strength, are filled up and no vacancies are now available to consider the candidature of the petitioner. Though despite of rejection of the candidature of the petitioner, he has still pursued the matter by filing representations to persuade the respondents to consider his candidature but nothing fruitful have been yielded, hence he filed the writ petition on 23/10/2010 for the following reliefs:-

(3.) Before proceedings further, it would be relevant to mention that the appointments on compassionate grounds in the M.E.S. department are governed by the Office Memo as issued from time to time by respondents as made applicable to the said department, particularly, the Office Memo No. 14014/6 Estt. (D) dtd. 9/10/1999 and Office Memo No. 14014/23/29-Estt. (D) dtd. 3/12/1999 which provided the parameters for considering the representations/applications for appointment on compassionate ground becomes one of the relevant considerations for considering such claim for compassionate appointment.