FATEH SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of a bunch of three petitions bearing CWP Nos. 7456, 10086 of 1994 and 2445 of 1996 as according to the learned counsel for the parties, the issue involved in all the writ petitions is identical. Further, CWP Nos. 10086 of 1994 and 2445 of 1996 were ordered to be heard along with CWP No. 7456 of 1994 by this Court vide orders dated 22.11.1994 and 16.2.1996, respectively. For brevity, the facts are extracted from CWP No. 7456 of 1994.

(2.) Petitioner-Fateh Singh has approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to appoint the son of the petitioner on compassionate ground in terms of the instructions dated 23.11.1992 (Annexure P-3) and judgments dated 11.11.1993 (Annexure P-4) and 7.3.1994 (Annexure P- 5).

(3.) The petitioner joined as Driver in the year 1973 on regular basis in Transport Department and his date of superannuation was 30.4.2002. He was compulsory retired from service on 5.1.1993 as he had become unfit to drive heavy vehicle. After his retirement, the petitioner moved an application to the respondents to appoint his son Surinder Kumar, who is a matriculate, on compassionate ground. According to the petitioner, his son was to be appointed as per the instructions dated 23.11.1992 (Annexure P-3) and on the basis of the judgments passed by this Court (Annexures P-4 and P-5). As the son of the petitioner was not appointed, he sent a legal notice dated 21.4.1994 (Annexure P-6) to the respondents by registered post. Since, no action was taken on the legal notice (Annexure P-6), the petitioner has approached this Court by way of instant petition.