GHANSHYAM DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who has been appointed as a Class-IV employee on compassionate grounds, has prayed for issuance of a mandamus to the respondents to consider his case for appointment in accordance with the instructions issued by the Government vide circular dated 31st August, 1995.

(2.) The averments made in the writ petition show that Shri Chanan Ram father of the petitioner died on 31.8.1993 while working as Electrician under the Civil Surgeon, Gurgaon. The post of Electrician carried the pay scale of Rs. 1200-2040. The petitioner's mother as well as the petitioner applied for his appointment on compassionate grounds. By an order dated 23.6.1995, the Director General, Health Services, Haryana conveyed his sanction to the appointment of the petitioner as a Class IV servant. After joining as Class IV Ward Servant on 14.7.1995 the petitioner represented to the respondents that he should have been considered for appointment on a Class-III post carrying pay scale lower than the pay scale of Rs. 1200-2040. In the representations made by him the petitioner has relied on the instructions issued by the Government of Haryana vide circular letters dated 8.5.1995 and 31.8.1995. However, his representations have not been decided so far.

(3.) Learned counsel for the petitioner invited our attention to the pay scales prescribed by the Government of Haryana and argued that the respondents are under an obligation to consider the case of the petitioner for ex gratia employment on a post carrying one pay scale below that of the post held by his father but without any rhyme or reason the respondents have chosen to appoint him two pay scales below the pay scale of the post of Electrician which was held by his father at the time of his demise. He also invited our attention to the order dated 14.6.1996 issued in favour of Shri Anup Kumar who has been given ex gratia employment against Class-III post and submitted that the respondents have acted arbitrarily by not considering the case of the petitioner in a correct perspective.