DEEPAK Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant appeal is directed against the order of learned Single Judge, declining claim of the appellant for seeking appointment to a Class-III Post on compassionate grounds on the strength of the Government Policies (Annexures P-7 to P-9). The appellant was instead given compassionate appointment to the post of Peon (Class-IV). The father of appellant was Sub-Inspector with the Haryana Transport Department who died on 26.3.1997 in harness. At that time the appellant was minor and his mother made an application to the respondent-Department nominating her son (appellant) for appointment on compassionate basis. The claim was based on the ex-gratia scheme dated 8.5.1995 (Annexure P-7) of the Government. The appellant was successful in earlier round of litigation for being considered under the State Government Policies for compassionate appointment and was appointed as Peon on Class-IV post on 12.6.2009. It is not disputed that mother of the appellant had applied for Class-IV post for appellant and even subsequently when the petitioner became major he applied for Class-IV post on compassionate grounds. It is contended that the appellant could not be denied his entitlement to a Class-Ill post under the Policy (Annexure P-7) which reads in the following terms:-

(2.) The above claim was set-up on the basis that by the time the appellant was given compassionate appointment in the year 2009, he had passed his 10 + 2 examination on 10.6.2008, which is the minimum qualification prescribed for a Class-III post.

(3.) We have heard learned counsel for the appellant at some length and hold that finding of learned Single Judge is based on correct appreciation of law on the subject and policies of the State Government.