RAJIV DESHWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for issuance of a writ of mandamus to the respondents to appoint the petitioner as Inspector of Police on compassionate grounds in accordance with the instructions issued by the Government of Haryana vide circular letters dated 8.5.1995 and 31.8.1995.

(2.) There is no dispute between the parties that Shri Mehtab Singh, father of the petitioner, died on 21.1.1998 while he was serving as Deputy Superintendent of Police, Haryana. Immediately thereafter, the petitioner's mother applied for his compassionate appointment in accordance with the instructions issued by the government. Vide Annexure P-4, the petitioner was communicated the decision of the respondent No. 3 that he can be appointed on the post of Assistant Sub Inspector under the ex-gratia scheme. He joined the post offered by the respondents and then filed this petition for grant of relief in accordance with the policy framed by the Government of Haryana to appoint the dependent of deceased employee one step lower than the post held by the deceased. He has pleaded that in terms of the policy enshrined in the two circulars, the respondents should be directed to offer him the post of Inspector of Police which carries one step lower than the post of Deputy Superintendent of Police held by his father.

(3.) In the written statement filed today, the respondents have referred to the instructions issued by the government in the light of the judgment of the Supreme Court in Umesh Kumar Nagpal v. State of Haryana, 1994 3 JT 525 and have pleaded that the petitioner cannot be appointed on the post of Inspector because no post is available in that cadre. For the sake of precision and clarity, we may reproduce the averments made in paragraphs 6(i) and (ii) and (iii) and (iv) of the written statement :-