H.S. SAINI, EX Vs. UNION OF INDIA

JUDGEMENT

(1.) The Ist petitioner joined Indian Air Force on 8.2.1966 and he was invalided on 12.3.1990 on medical grounds because of the disability due to disease 'Neuro Fibroma Lower Cervical Region (opted) with Paraparesis'. The disability of the petitioner was declared as attributable to Air Force service and he was granted disability pension. The second petitioner is the son of the Ist petitioner. The prayer in this writ petition is that the 2nd petitioner be given employment in the Air Officer Commanding No. 3 Base Repair Depot, Air Force Station, Chandigarh on compassionate grounds under the Scheme framed by the Government of India. It is further stated in the writ petition that the Ist petitioner has got an old mother, wife and two daughters and one son who are to be maintained by him and the second petitioner is the only son and he was born on 20.5.1975. According to the Ist Petitioner, he applied for appointment of the second petitioner on compassionate grounds. The Ist petitioner was informed in September 1991 that he should apply for compassionate appointment of his son on his attaining the age of 18 years. As the 2nd petitioner attained the age of 18 years on 20.5.1993, the petitioner again applied to the Air Force Authorities for compassionate appointment of his son namely the 2nd petitioner. As the second petitioner was not given compassionate appointment by the respondents, the petitioners filed this writ petition.

(2.) In the written statement, the respondents admitted that the Ist petitioner has been invalided out of service on account of disablement "Neuro Fibroma Lower Cervical Reaction (Opted) with Paraparesis" with 100% disability. It is further stated inter alia that one dependent of a service personnel, who dies in harness leaving his family in indigent circumstances, is eligible to apply for compassionate appointment to a Group 'C' or Group 'D' post, but it is also admitted that in exceptional cases, the concession is also extended to one dependent of service personnel, who is boarded out on medical grounds and is unfit for civil employment. According to the respondents, the petitioner was declared fit for suitable civil employment and, therefore, he is not entitled to appointment of his son on compassionate grounds. Therefore, they pleaded that the writ petition is liable to be dismissed.

(3.) There is no dispute about the fact that the Ist petitioner served the Indian Air Force from 8.2.1966 to 12.3.1990 i.e. for a period of 24 years. The denial of employment of his son on compassionate grounds on the ground that the Ist petitioner is declared fit for civil employment cannot be sustained because the Ist petitioner suffered 100% disability and he is now aged more than 54 years. Therefore, it is too much to expect the Ist petitioner to get any civil employment when he suffered 100% disability and his age is more than 54 years.