PRITPAL SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition has been filed for quashing of the orders Annexures-P.10 and P. 11 by which the claim of the petitioner to be appointed as Junior Engineer on compassionate grounds has been rejected.

(2.) The facts which are necessary for deciding whether the petitioner is entitled to any relief are that Shri Jasbir Singh, father of the petitioner died on 29.9.1990 while he was working as C&V Teacher in the Education Department, Haryana. The petitioners mother applied to the respondent No. 2 for providing compassionate appointment to her son on the post of Junior Engineer. Her application was forward&l by the Director, Secondary Education, Haryana to the Chief Secretary. After some time the petitioner and his mother again approached the departmental authorities for providing compassionate appointment to the petitioner. Vide Annexure-P. 11 dated 29.8.1996, the respondent No. 2 rejected the petitioners claim on the ground that as per existing instructions he can be appointed on a post carrying one pay scale lower than the post held by his father. By placing reliance on the judgment of the learned Single Judge in C.W.P. No. 17633 of 1995, Shri R.K. Malik submitted that the restrictions imposed in the instructions dated 8.5.1995 and 31.8.1995 has been declared unconstitutional and, therefore, the impugned decision should be nullified and a direction should be issued to the respondents to reconsider the case of the petitioner for appointment on the post of Junior Engineer. He also relied on the instructions issued vide circulars dated 13.7.1971 and 3.11.1988.

(3.) After considering the submission of Shri Malik, we are of the opinion that the decision taken by the respondent No. 2 does not suffer from any illegality.