MULKHRAJ SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The father of the petitioner namely Raj Singh was killed in terrorist violence on 15/16.4.1988. It seems that the petitioner was minor at the relevant time as he passed his Matric Examination only in the year 2001 and thereafter 10+2 in the year 2004. At the time of filing of this petition in the year 2009 the petitioner was doing correspondence course of B.A.-I.

(2.) The State had issued Govt. Instructions dated 25.5.1990 for setting up of District Level Committees for making recommendations for appointment under priority category in the State services at the level of Class-III and Class-IV posts for the dependents of victims of the terrorist violence and dependents of victims of 1984 riots. The petitioner applied for Class-III post of Clerk to the Deputy Commissioner who was the Chairman of the Committee constituted under the aforesaid instructions. The case of the petitioner was recommended by the Committee of Class-III post. It is alleged that even though the recommendations are made vide letter dated 5.10.2001 but no appointment was made by the Director, Public Instructions, Punjab. However, vide letter dated 10.1.2002 petitioner was offered Class-IV post of Sewadar. It is admitted case of the petitioner that he joined the post on 16.1.2002. Petitioner is working on Class-IV post since then. Thereafter, the petitioner made a representation dated 20.2.2008 (Annexure P-4) seeking appointment against Class-III post allegedly on the recommendations of the Committee. The aforesaid representation was followed by a legal notice dated 28.3.2008. Having failed to receive any response, the petitioner has filed this petition seeking a direction for his appointment against Class-Ill post on the basis of the recommendations of the District Level Selection Committee and in terms of the Govt. Instructions dated 25.5.1990.

(3.) I have heard learned counsel for the petitioner. Admittedly, petitioner's father died in the year 1988. He was minor at the relevant time and could not have applied or sought appointment on compassionate basis. He passed Matric after about 13 years of the death of his father. His case was recommended by the District Level Committee but no appointment of Class-III post was made, however, in the year 2002, he was offered appointment for Class-IV post. He accepted the offer and joined the post in the year 2002. He is working on the post since then and it is only after about 6 years of his appointment that the present writ petition has been filed seeking his appointment against Class-III post.