INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of Mandamus directing the respondents to consider the case of the petitioner for compassionate appointment to a class III post i.e. for the post of Inspector, Food and Supplies in view of the policy dated 13.7.1971 (Annexure P-1) and 3.11.1988 (Annexure P-2) and after ignoring the instructions dated 8.5.1995 (Annexure P-9).

(2.) The pleaded case of the petitioner is that his father was working as chowkidar in the Food and Supplies Department, Haryana, and died while in service on 12.3.1995. In view of instructions dated 13.7.1971 (Annexure P-1) and 3.11.1988 (Annexure P-2), the petitioner, who was dependent of the deceased employee was entitled for compassionate appointment as Inspector in the Food and Supplies Department, Haryana being graduate. The said qualification was as per the Haryana Food and Supplies Department Sub Offices (Group C) Service Rules, 1982. The petitioner accordingly applied for compassionate appointment to the post of Inspector after the death of his father. The department decided to appoint the petitioner as chowkidar and accordingly issued appointment letter dated 24.6.1995 (Annexure P-7) and turned down the request of the petitioner for the appointment as Inspector. While the case of the petitioner was under consideration for compassionate appointment, the Government of Haryana had issued instructions on 8.5.1995 whereby compassionate appointment could only be given one step lower than the post held by the deceased employee. Since the father of the petitioner was working as class IV employee being chowkidar, the case of the petitioner could not be considered for any other post. Accordingly, the writ petition was filed on the ground that petitioner had a right to be considered for compassionate appointment on the basis of instructions which were in force at the time of the death of the father of the petitioner. The instructions dated 8.5.1995 (Annexure P-9) providing for appointment at one step lower than the post held by the deceased employee could not have any retrospective effect and could not be applied in the case of the petitioner. Accordingly, rejection of the case of the petitioner while offering him the appointment as Chowkidar and denying the appointment against the post of Inspector vide letter dated 31.7.1995 (Annexure P-8) was challenged. Reference was made to Civil Writ Petition no.17633 of 1995-Surinder Singh Vs. State of Haryana and others decided on 20.12.1996 (Annexure P-10).

(3.) Short reply by way of affidavit has been filed on behalf of respondents no.1 to 3 wherein it was pleaded that case of the petitioner for appointment on compassionate ground was considered and it was noticed that educational qualification pertaining to B.A. issued by the 'Magadh University, Bodhgaya' was a provisional certificate and the qualification of the petitioner was treated as matriculate and as per the existing policy for appointment on compassionate ground, the appointment was to be offered at one step lower than that of the post held by the deceased employee except in cases where the deceased employee was working at the lowest level in the Government. Since the father of the petitioner was working as PR Chowkidar, lowest level of the Government, therefore, the petitioner was offered appointment on the same post. The appointment was not accepted by the petitioner stating that his qualification was B.A. and as such he was entitled to the appointment on class III posts i.e. Inspector, however, the same was rejected.