ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) One Tirlok Chand was working as Conductor in Haryana Roadways but unfortunately, while in service, he died on 23.1.1993 in a road accident while on duty. He left behind two unmarried daughters and one unmarried son.

(2.) Ashok Kumar is the son of the deceased Tirlok Chand and has filed the present writ petition for the issuance of an appropriate writ, order or direction, more particularly in the nature of mandamus directing the respondents to consider the petitioner for appointment to the post of Supervisor/Inspector/Chief Inspector/Accountant or Chief Auditor in the Transport Department on compassionate ground in accordance with the policy of the State Government. Ashok Kumar, immediately after the death of his father completed his M.Sc. in Computer Science and upon his application, which was probably made in furtherance to the policy of the Government dated 13.7.1971 regarding compassionate appointments, was appointed to a clerical post designated as Computer on 2.6.1994. He, however, on 2nd November, 1995, made a representation to the Government of Haryana through proper channel requesting that he should be given a post keeping in view his qualifications. It was further averred in the representation that in some other cases of death like the father of the petitioner their children were given higher posts like Inspectors, Station Supervisors and Assistants in higher pay scales. As there was no response to this representation of the petitioner, he has filed the present writ petition.

(3.) The respondents have filed a reply alleging that consideration for such employment is not a vested right, which can be exercised at any time. According to the respondents they have offered and given appointment to the petitioner, whichever was available with them at the relevant time. They claimed their action in consonance with the policy and more particularly the policy/instructions issued by the Government on 8.5.1995.