GIAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The father of the petitioner died in harness on 21.12.1996. On account of the death of his father, the petitioner was allowed compassionate appointment as a Chowkidar under the ex gratia scheme on 20.1.2003.

(2.) Through the instant writ petition, the petitioner claims appointment against the post of Clerk in terms of the policy instructions dated 8.5.1995 (Annexure P4). It is the vehement contention of the learned counsel for the petitioners that under the ex gratia scheme, read with policy instructions dated 8.5.1995 (Annexure P4), the petitioner is entitled to appointment, against a post which is one step lower than the post occupied by the father of the petitioner, at the time of his death.

(3.) It is not possible for us to accept the aforesaid contention of the learned counsel for the petitioner. The issue in hand was adjudicated upon by this Court in Rajiv Deswal V. State of Haryana (CWP No.8487 of 1998 decided on 3.11.1998). The decision rendered in Rajiv Deswal's case was, however impugned by the State Government before the Apex Court through a petition for special leave to appeal (Civil) bearing No.778 of 1999, wherein the Supreme Court passed the following order:-