SAKIL SULEMAN SHAIKH Vs. CHIEF SECRETARY

JUDGEMENT

(1.) BY the present appeal under Clause 15 of the Letters Patent, the appellant has sought to challenge judgment dated 30.01.2012 of learned single Judge in SCA No.15669 of 2011. The facts of the case are that the father of the appellant, while serving as a Police Bandman, passed away on 19/05/02 because of cancer. The entire family consisting of his mother, grandmother, wife, three daughters and two sons, was fully dependent on the father of the appellant. He made an application for compassionate appointment on 27.5.2002, even as their case for family pension was not expedited as a recovery of Rs.2,25,970/- was effected for being unable to vacate the government quarter; and till then, consideration of the application for appointment was kept pending. Pursuant to requests and representations, the appellant was informed on 25.5.2010 that he was not eligible for such appointment even as safai kamdar, canal boy, ward boy or mali as he had not passed S.S.C. examination. He also made representation to be appointed for being handicapped.

(2.) THUS, on 27.05.2002 a representation was made by the appellant to respondent No.3 for being appointed on compassionate ground as per the policy of the Government. Thereafter, several requests were made by the appellant to the respondent authority in that behalf. Respondent No.3, however, informed the appellant that his case was under consideration but the same could be considered only after the appellant making payment of arrears of rent amounting to Rs. 2,25,970/- of Government quarter. The appellant, again vide communication dated 07.12.2009 made a representation to respondent No.3 for considering his case for compassionate appointment. By communication dated 25.05.2010, respondent No.3 informed the appellant that considering his educational qualification, he was not eligible for getting appointment even as peon and it was further inquired whether the appellant was ready to work as class-IV safai kamdar. The appellant by his communication dated 09.06.2010 expressed his willingness to work as safai kamdar. In the said letter the appellant further requested that his case may be considered for other class-IV posts like canal boy, mess cook, ward boy or mali. On 23.07.2010 the request of the appellant was rejected by the respondent stating that the appellant was not possessing the requisite qualification of S.S.C. examination and hence, his case cannot be considered. Thereafter several representations were made by the appellant but they were rejected on the aforesaid ground.

(3.) AS seen earlier, in the facts of the present case, the appellant was, prima facie, fulfilling all the requirements for consideration of his application made on 27.5.2002 and it was a genuine case of distress when even the government accommodation provided to the family of the deceased could not be vacated which resulted into recovery of Rs.2,25,970/- from the family pension. Under such circumstances, the plea of the respondents contained in communication dated 25.5.2010 that the appellant was not eligible for appointment on any post due to lack of educational qualification required under the rules could not be sustained. It was also submitted at the bar that, by now, the appellant had also acquired necessary educational qualification of S.S.C. and he was prepared to work on the lowest post, even as safai kamdar.