ASHU MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have filed the present petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the order dated March 5, 2001 and for the issuance of a further writ of mandamus for directing the respondents to grant appointment to petitioner No. 1 on compassionate grounds as per his eligibility.

(2.) PETITIONER No. 1 is Ashu Malik son of Madan Lal Malik. Petitioner No. 2 is Madan Lal Malik himself. As per the averment in the petition, Madan Lal Malik was appointed as Welder in the Haryana Roadways and was posted under the General Manager, Haryana Roadways, Gurgaon Depot, Gurgaon on September 5, 1973. He was working on permanent basis. The petitioners have stated that while serving on January 6, 1995, the aforesaid petitioner No. 2 Madan Lal Malik met with an unfortunate accident in the Haryana Roadways Workshop, Gurgaon due to which he was crushed between a bus and the wall of the depot. Due to the aforesaid accident, the right side of the body of petitioner No. 2 was badly crushed. His right kidney was ruptured, liver was badly damaged and ultimately his right kidney was removed. Even his liver was repaired with high medical technology. The petitioner has produced a medical certificate issued by the Medical Superintendent, General Hospital, Gurgaon as Annexure P-2. In the aforesaid medical certificate the disability of petitioner No. 2 is described as follows:

(3.) BECAUSE of the aforesaid medical incapacity, petitioner No. 2 sought voluntary retirement. It is the case of the petitioners that at the time of seeking aforesaid voluntary retirement, petitioner No. 2 was assured that his eldest son on attaining the age of majority and becoming eligible would be given employment on compassionate grounds. The request of petitioner No. 2 seeking voluntary retirement, was accepted vide orders dated October 22, 1997 w. e. f. October 31, 1997. At that time the aforesaid petitioner No. 2 Madan Lal Malik was merely 44 years of age. He had at least 14 years to go before his superannuation. The petitioners have averred that at that stage Ashu Malik - petitioner No. 1, who is the eldest son of petitioner No. 2, was 16 years II months arid 10 days and already passed 12th class examination. Later on becoming eligible, petitioner No. 2 moved an application dated January 12, 2000 seeking an employment for Ashu Malik -petitioner No. 1 on ex-gratia basis as per the Government instructions. A copy of the aforesaid application dated January 12, 2000 has been appended as Annexure P-7 with the petition. A reminder dated April 27, 2000 was submitted by petitioner No. 2 to respondent No. 3 namely the General Manager, Haryana Roadways, Gurgaon. No action was still taken. A registered notice was also served on October 20, 2000. The said notice has been appended as Annexure P-9 with the petition.