LALIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has sought a mandate to the respondents to appoint him against the post of Naib Tehsildar with effect from December 2, 1987, in this petition under Articles 226/227 of the Constitution of India.

(2.) THE petitioner's father late Sh. Hem Chander Gupta, who was working as Tehsildar, Ferozepur Jhirka, in the State of Haryana, expired on June 22, 1981. The Govt. of Haryana issued Circular Letter No. 3442-3gs-II-71/19169, dated July 13, 1971, providing for absorption in Government service one or more members of the family of the deceased Govt. employee on Class-III or Class IV posts, as the case may be, even in relaxation of the Rules. The relevant portion of these instructions read thus :

(3.) INDISPUTABLY , on the date when the petitioner's father died, he was not possessed of the minimum qualification prescribed for the post of Naib Tehsildar by direct recruitment. He graduated in 1986. Since on the date when his father expired he was not eligible for appointment to the post of Naib Tehsildar or as Kanungo, he was offered the post of a Clerk, which he declined to accept. On his representation, the State Government decided to appoint him as Kanungo.