GEETA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner has prayed a direction to respondents to consider the case of the petitioner for compassionate appointment on any Class-IV post on regular basis. THE prayer for family pension to the petitioner w.e.f. 22.2.1996 being the widow of Lekh Raj who died on 22.1.1996, as per Rules alongwith arrears and interest at the rate of 18% per annum has also been made. THE petitioner has also prayed for payment of death gratuity to her as per Rules.

(2.) THE case of the petitioner is that her husband Lekh Raj was appointed as Physical Training Instructor against a temporary post of JBT teacher in G.P.S. Fanoutha( Tissa) in February, 1985. Lekh Raj was dis- engaged from service on 24.5.1985 being ad-hoc appointee. Lekh Raj and others had filed CWP No.251/85 in the High Court and on 26.6.1985 the High Court had directed the respondents to continue the ad-hoc appointment of the petitioner till the appointment of regular appointee. After the decision of the High Court, Lekh Raj was again appointed vide office order dated 24.7.1985 against JBT post on ad-hoc basis in Primary School, Fanoutha (Tissa), Lekh Raj gave his joining on 28.7.1985 to Block Primary Education Officer, Tissa. Lekh Raj rendered continuous service to the department from February, 1985.

(3.) THE further case of the petitioner is that respondent No.1 has framed a Scheme for compassionate appointment to the dependants of Govt. servants in case of death of Govt. servant while in service. THE compassionate appointment is to be given in order of priority to a widow, son etc. of a Govt. servant. THE compassionate appointment Scheme provides that appointment is to be made against lowest rung of Class- III/IV posts. A candidate for the purposes of seeking appointment should possess the minimum educational qualifications as per Recruitment and Promotion Rules. THE educational qualification for widow against Class IV post is relaxable. THE request for compassionate appointment should be made within three years from the death of the Govt. servant. upto 5th standard and was