PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Pawan Kumar seeks quashing of the order dated 22.4.1998, copy of which is Annexure P -8 purported to have been passed by the Director, Primary Education Haryana, Chandigarh. He further seeks a mandamus to direct the respondents to appoint him to the post of clerk in the Education Department.

(2.) The facts alleged are that the father of the petitioner Sh. Ranbir Singh was a J.B.T. teacher in Government High School, Silani, District Jhajjar. Sh. Ranbir Singh died on 03 -02 -1992 in harness. The petitioner was born on 07 -07 -1980. At the time when his father died, he was only 11 years and 7 months old. The petitioner claims that at the time of death of his father, his mother approached the respondent department for the service of the petitioner. She was assured that the petitioner shall be appointed on attaining the age of majority. No writing was given. When the petitioner attained majority, his mother approached the department but the claim of the petitioner had been rejected. The petitioner contended that since he could only be employed on attaining the age of majority, therefore, he has a right to be considered of being appointed on the basis of the instructions issued by the Haryana Government dated 8.5.1995. Hence, the present writ petition.

(3.) After hearing learned counsel for the petitioner, we are of the considered opinion that the petition is totally devoid of any merit and necessarily has to fail.