SUBASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The writ petitioner prays for issuance of a writ of mandamus commanding upon the respondents to appoint the petitioner on the post of a clerk or on any other suitable post under the ex-gratia scheme in view of the Government Instructions dated 31.8.1995 (Annexure P-1) and the Notification dated 28.2.2003 (Annexure P-5) as well as in view of the Government Instructions dated 10.2.2004 (Annexure P-6).

(2.) Suraj Mal, father of the petitioner, who was working on the post a driver in the Haryana Roadways, Rohtak Depot, died in harness on 11.9.2001. The petitioner stated that at that point of time, Government Instructions dated 8.5.1995 and 31.8.1995 (Annexure P-1) in matters pertaining to the grant of compassionate appointments to the dependents of the deceased were applicable. As per Instructions dated 31.8.1995, ex-gratia employment was confined to Class III and IV posts and if such posts were not available with the department, then the head of the Department was required to take up the matter for appointment with other departments. It was also stipulated therein that a seniority list in respect of pending ex-gratia appointment cases would be maintained by every Head of the Department and that the cases would be kept alive till the time the appointment was offered against a vacancy either in that department or some other department. It was also provided that a compassionate appointee would be appointed one pay scale below the post held by the deceased.

(3.) According to the petitioner, he was fully covered by Annexure P-1 and soon after the death of his father, he filed an application before the respondent No. 3 on 25.9.2001 (Annexure P-2) seeking compassionate appointment. He also prayed that monetary benefits enuring to the benefit of the deceased such as GPF, GIS etc. be given in equal shares to him and to his brother namely, Sanjay Kumar.