ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner- Ashok Kumar under Articles 226/227 of the Constitution of India praying therein for the issuance of a writ of mandamus for directing the respondents to consider the case of the petitioner for appointment on compassionate grounds due to the death of his mother.

(2.) The petitioner has stated in the petition that the father of the petitioner Suraj Parkash was working as Social Studies Master in District Karnal and died on September 15, 1990 while in service. On the death of his father Suraj Parkash, the elder brother of the petitioner, namely Mukesh Kumar was given appointment against the post of a clerk on compassionate grounds w.e.f. January 11, 1993. It is further stated that Mukesh Kumar got married and due to the family circumstances, he began living separately since 1996 in a separate house and stopped supporting the family. Subsequently, on August 4, 1998, the mother of the petitioner Smt. Pushpa Devi, who was working as J.B.T. teacher in Govt. Primary School, Prem Nagar, Karnal died while in service. The petitioner has specifically stated that he was dependent on the deceased for the purpose of bread and educational expenses. The petitioner has stated that he being the dependent of his father as well as mother was getting family pensions of both his father as well as his mother but would cease to get the aforesaid pensions after September 4, 2002, when he would attain the age of 25 years. It has been stated that after the stoppage of the aforesaid pensions, the petitioner would have absolutely no source of income.

(3.) The State of Haryana had issued instructions and framed a policy for granting appointment to the dependent of the deceased employee if he/she was duly qualified. As per instructions, Annexure P-4, issued on August 31, 1995, the dependent of the deceased employee was to be offered the appointment on ex-gratia basis if he was duly qualified and had monthly family income of Rs. 2500/- excluding family pension. On the basis of the aforesaid instructions, the petitioner claims that he was eligible to be appointed as clerk on compassionate grounds. His case was duly recommended by the authorities as per the aforesaid instructions. However, vide orders dated May 21/24, 1999 passed by the Chief Secretary, Haryana and sent to the Director, Primary Education, Haryana, the claim to the petitioner for his appointment on compassionate grounds were rejected. A copy of the aforesaid orders dated May 21/24, 1999 has been appended as Annexure P-6 with this petition. The petitioner has made a grievance against the aforesaid orders, Annexure P-6 on the ground that the aforesaid orders are totally non-speaking and do not contain any reasons for rejection of the claim of the petitioner.