GURINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Gurinder Singh has filed the present writ petition under Articles 226 and 227 of the Constitution of India for quashing the letter dated 29.2.2000, Annexure P4, by which his application for appointment on compassionate grounds on the death of his father was rejected by Air Officer Incharge Personnel-respondent No. 3.

(2.) In brief, the facts relevant for resolving the controversy are that Joint warrant Officer Hardam Singh died on 21.10.1997 after having put in service in the Indian Air Force from 31.8.1974 to 21.10.1997. He was survived by his wife, daughter and son. Immediately after the death of Hardam Singh, the petitioner applied for employment assistance and the application was forwarded by the Air Force Record Office vide RO/3120/6/P&WW(Wel) dated 10.12.1998, Annexure P2 to the Air Head-quarter (ADPC), Vayu Bhawan, New Delhi. The Air Head-quarter considered the case and asked the petitioner to submit no objection certificate from his sister. The needful was done and thereafter the petitioner through letter dated 29.2.2000, Annexure P4 was informed that his request for appointment on compassionate ground having been considered for a third and final time could not be acceded to on account of limited number of vacancies available. Gurinder Singh moved another representation to the Chief of the Air Staff and other authorities for reconsidering the case but as no reply was received, he was forced to file this petition.

(3.) In the written statement, a plea was taken that Hardam Singh was not on duty when he died and, therefore, the death is not attributable to the service conditions. It was also submitted that the compassionate appointments are made in terms of the instructions issued by Department of Personnel and Training, according to which, upto a maximum of 5% of the vacancies falling under direct recruitment quota in Group 'C' or 'D' posts can be utilised for such appointments. Keeping in view this quota, only a limited number of vacancies are available to be filled in group 'C' posts in a year against a large number of requests received by the Air Head-quarter. In view of this, while considering the applications, a candidate is being considered thrice in three consecutive quarters and the selection is made on the basis of the lowest per capita income of the family of the deceased. Request of the petitioner has been considered thrice during the quarters ending March, June and September, 1999. He could not be selected because the per capita income of the family of late JWO Hardam Singh was higher than that of the members of the family of other candidates as is evident from the chart, which is as under :-