DIGVIJAI NARAIN SINGH Vs. THE DISTRICT MAGISTRATE BALLIA/PRESIDENT TOWN POLYTECHNIC BALLIA AND OTHERS

JUDGEMENT

(1.) This is a writ petition in which the petitioner has claimed that his father had died in harness, therefore, he be appointed on compassionate grounds in terms of the Government Order which provides that when an employee dies in harness his dependent children shall be provided a job by the State Government. The object of appointing a person from the dependents of the deceased is to save the family from being rendered destitute. The father of the petitioner had died in 1979 leaving behind him and some other minor children, who were not then eligible to be appointed against any post on account of their having not attained the age of majority as required under the service rules, Counter-affidavit has been filed by the learned counsel for the other side in which it is stated that the post held by the father of the petitioner was abolished somewhere in 1989. Rejoinder affidavit is also filed by the petitioner in which the averments, set up in the counter-affidavit, are refused. I have considered the matter.

(2.) The abolition of the post in 1989 would not deprive the petition to seek appointment on the basis of the Government Order which entitles him to claim the post because his father had died in harness. Accordingly the contention of the respondents is misplaced. The respondents are obliged to give appointment to the petitioner commensurate with the educational qualifications of the petitioner. If they have no post available they are oblige to create a post against which the petitioner may be appointed. This is the view not taken by the Supreme Court in respect of the persons, who claim employment on compassionate grounds. In this view of the matter it is necessary to give a direction to the respondents to provide a job to the petitioner which job shall commensurate with his educational qualifications.

(3.) Accordingly a Writ of mandamus is issued against the respondents directing them to provide the job to the petitioner, whose father had died in harness in 1979. The said job of the petitioner shall commensurate with the educational qualification of the petitioner and if there is no post available, the respondents are directed to create a post and offer the same to the petitioner. These directions shall be carried out within a period of three months from the date of communication of this order by the petitioner to the other side.