UMESH KUMAR NAGPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Haryana Government had issued instructions on 22.12.1970 to alleviate, inter alia, sufferings of the unfortunate families whose bread earner happens to die while in government service. According to these instructions, one or more members of the family of the deceased employee are to be considered for absorption in government service. These instructions were clarified by subsequent instructions of the government dated 13.9.1971. By the later instructions, it was made clear that it was not the intention to provide employment to the dependent of the deceased government employee as a matter of course, in spite of that each individual case should be examined carefully for employment, which should be confined to Class III and IV posts, and should be given only if it is justified in order to avoid financial hard-hips and not otherwise.

(2.) The petitioner in the present case is an unfortunate person whose father (HansRaj Nagpal) died on 20.10.1985. while in government service working as Assistant Excise and Taxation Officer, Gurgaon. The petitioner who is MA in Public Administration as also M.A. in Economics from the Panjab University, applied to the respondents for being considered for appointment in government service in view of his qualifications and in accordance with the above referred to instructions. He is the eldest son of the deceased and has two brothers. The petitioner had made representation that since he fulfils the qualifications for the post of Excise and Taxation Officer, he may be absorbed in that post. However, on 31.10.1986 the petitioner was offered an appointment of Taxation Inspector. The petitioner did not join this post as according to him, he was entitled to get the post of a higher status in view of his qualifications. He staked his claim for being appointed as an Excise and Taxation Officer.

(3.) The petitioner went on making representations that he should be appointed to a post of higher status and since his qualifications were good enough for being appointed as Excise and Taxation Officer, the government should reconsider his case and give him appointment as Excise and Taxation Officer instead of Taxation Inspector. Since the representations of the petitioner did not bear any fruit, he filed the present writ petition for issuing a writ of Mandamus to the respondents to give him appointment as Excise and Taxation Officer as he fulfils the qualifications for the same.