JITESH KUMAR DEMBIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a helpless orphan and is subjected to litigation by the respondent State. He has filed the instant petition under Article 226 of the Constitution for issuance of appropriate direction to the respondents to employ him on a suitable post in accordance with the ex gratia employment scheme or the rules. The writ petition was allowed on 1.8.2006 by a Division Bench of which one of us (M.M. Kumar, J.) was a member by striking off the defence of the respondent State for having not paid the cost of Rs. 10,000/- for filing of written statement. Against the judgment dated 1.8.2006, the respondent State approached Hon ble the Supreme Court. On 10.3.2008, the following order has been passed by Hon ble the Supreme Court in S.L.P. (Civil) No. 12517 of 2007.

(2.) The cost of Rs. 10,000/- has now been paid and the written statement of respondent Nos. 1 to 3 has already been taken on record.

(3.) The petitioner has asserted that his mother was working as a JBT Teacher, who died along with his father on 6.9.1993 in an unfortunate accident. At the time of their death the petitioner was less than nine years nine months old having been born on 11.11.1983. He attained majority on 11.11.2001 and filed an application on 6.5.2003 (P-5) for ex-gratia employment under the Exgratia Employment Scheme as prevailing at that time. It has been claimed that he has a younger brother with the name of Himansu Dembla, who was 5 years old at the time of death of their parents, and sells vegetables as a street hawker as there is no source of income. The father of the petitioner was an employee in a private firm at Faridabad and no benefit from his service has been paid to the petitioner The petitioner has acquired the qualification of 10 + 2 in the year 2004. The Director, Primary Education, Haryana, on a representation made, had addressed a communication on 22.1.1994 to the Chief Secretary to reserve one post for him as the petitioner was below 17 years of age. The aforementioned communication reads as under: