LAKHMIR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the extra ordinary writ jurisdiction of this Court seeking appointment on compassionate ground on account of death of his father Mohan Singh on 15.10.1998.

(2.) It is the case of the petitioner that his father Mohan Singh, working with the respondent-department, died on 15.10.1998 and after the death of father of the petitioner, the mother of the petitioner submitted an application seeking appointment on compassionate ground. The petitioner was given appointment as Driver vide letter of appointment dated 14.10.2003, Annexure P-1, but on account of medical unfitness, the petitioner was not permitted to join the duties. The petitioner gave an option for appointment as Chowkidar/Peon on compassionate ground, but such request of the petitioner has been declined by the respondents vide order dated 18.4.2006, Annexure P-4. It is the said order which is subject matter of challenge in the present writ petition.

(3.) Vide the order impugned in the writ petition, it was communicated to the petitioner that the quota prescribed for the purpose of compassionate appointment is only 5% of the total direct recruitment vacancies occurring in the year in the Group 'C' and 'D' categories posts. It was found that the family of the deceased received Rs. 3,48,095/- as terminal benefits and the mother of the petitioner is getting monthly family pension. It has also been taken into consideration that the vacancies in 5% quota meant for direct recruitment for the purpose, are not available for appointment of the petitioner on compassionate ground.