ANUPAM MALIK Vs. KAMAL SINGH YADAV AND OTHERS

JUDGEMENT

(1.) By this order, we are disposing of two Letters Patent Appeals filed against order dated 6.11.1997 passed by the learned Single Judge in C.W.P. No. 1449 of 1983-Kamal Singh Yadav and others v. State of Haryana and others and C.W.P. No. 7778 of 2001, filed by Mange Ram Patlan for quashing order dated 18.9.2000 passed by Financial Commissioner and Secretary to Government of Haryana, Labour and Employment Department for promotion of Sarv Shri Kamal Singh Yadav and Azad Singh as Labour-cum-Conciliation Officer and Deputy Labour Commissioner w.e.f. 27.1.1983 and 29.1.1993, respectively.

(2.) For deciding the issues arising in the appeals and the writ petition, we have culled out the facts from the pleadings of the parties and the record produced by the learned Senior Deputy Advocate General.

(3.) Shri M.L. Malik, father of Shri Anupam Malik (appellant in L.P.A. No. 666 of 1997), who was then serving as Deputy Labour Commissioner, died on 29.8.1982. His wife - Smt. Kamla Malik submitted applications to the Labour Commissioner and the Chief Minister of Haryana with the request that her son - Anupam Malik, who was a Science Graduate, may be appointed against a gazetted post on compassionate ground. While processing the applications, the Administrative Department pointed out that as per the extent policy of ex- gratia, appointment on compassionate ground could be made only on a Class-III or Class-IV post and if it was considered desirable to appoint Shri Anupam Malik on a Class-II post, then decision in that regard will have to be taken by the Cabinet. It was also pointed out that Shri Anupam Malik does not possess the qualifications prescribed under Punjab Labour Service (Class-I and Class-II) Rules, 1955 (for short, 'the Rules') and to facilitate his appointment, the Government will have to relax the same. Thereafter, the matter was considered by the Council of Ministers in its meeting held on 16.12.1982 and the following decision was taken :-