KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the leanred counsel for the State of Punjab-respondents.

(2.) By means of this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner-Kuldeep Singh seeks quashing of Annexure P-13 dated 11.9.1998 issued by respondent No. 2-Director General of Police, Punjab, and for issuance of a direction to consider and appoint the petitioner on the post of Assistant Sub Inspector.

(3.) The petitioner sought appointment to the post of Assistant Sub Inspector as ex gratia appointment due to the death of his father late Shri Harbans Singh, who was working as Sub Inspector/Additional Sec. House Officer posted at Police Station Dasuya on 6.11.1994. At the time of the death of Harbans Singh, the petitioner was not having the requisite qualification for appointment on the post of Assistant Sub Inspector. The mother of the petitioner moved an application before the respondents for appointment of the petitioner on the post of Assistant Sub Inspector. This application was forwarded by Deputy Inspector General of Police, Jalandhar Range, Jalandhar. However, respondent No. 2-Director General of Police, Punjab referred the case back with the condition that as and when the petitioner fulfills the eligibility condition for appointment as an Assistant Sub Inspector, the case would be processed at that time. Thereafter, the petitioner acquired the requisite qualification which at that time was 10+2 and applied for consideration of his appointment on compassionate grounds on the post of Assistant Sub Inspector. Certain queries were made by respondent No. 2 which were replied by the petitioner and the requisite information regarding the mother and the sisters of the petitioner was furnished together with the affidavit of the sisters of the petitioner. In the meantime, the eligibility condition regarding the qualification for the post of Assistant Sub Inspector was raised from 10+2 to graduation. The petitioner passed his B.A. examination on 6.7.1998 and furnished the requisite information to respondent No. 2. The petitioner had scored 1479 marks out of 2400. Respondent No. 2, however, declined the appointment on compassionate ground to the petitioner vide order dated 4.5.1998 on the ground that he did not fulfill the eligibility condition for the post of Assistnt Sub Inspector. The copy of this order has been place don record as Annexure P10. Thereafter, the petitioner made a detailed representation annexing therewith the document showing his eligibility condition and acquiring the qualification of B.A. in Aug., 1988. Respondent No. 4-Senior Supreintendent of Police, Hoshiarpur, Punjab forwarded the said representation of the petitioner with his recommendation to the Deputy Inspector General of Police, Jalandhar Range, Jalandhar, on 24.8.1998, vide Annexure P12. The respondents, however, again rejected the representation of the petitioner vide letter dated 22.9.1998, copy Annexure P13, showing that the case had been reconsidered and filed. Feeling aggrieved against the impugned orders and the rejection of the claim of the petitioner for appointment to the post of Assistant Sub Inspector on compassionate grounds, the petitioner has filed this writ petition.