NISHANT KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Challenging the rejection of the representation made by son of a Government Teacher, who died in harness, the said son had come up before erstwhile Himachal Pradesh State Administrative Tribunal, vide Original Application No.6881 of 2016, seeking employment on compassionate grounds. After abolition of the Tribunal, the said OA stands transferred to this Court and re-numbered as CWPOA No.3137 of 2019.

(2.) Admittedly, the facts are that Shri Ram Singh, who was working as Junior Basic Teacher under respondents No.2 and 3, expired in harness on 27.7.2004. At the time of death, he had the following legal heirs: <FRM>JUDGEMENT_9_LAWS(HPH)11_2020_1.html</FRM>

(3.) The department granted the family pension of the deceased employee in favor of his widow Smt. Nirmala Devi. Earlier to that and probably before 20.7.2010, the petitioner applied for appointment on compassionate grounds, in place of his father's job, who died in harness. He filled-up the proforma for such employment and annexed the same with the original undated application. The proforma details reveal that the petitioner was born on 5.12.1991 and could not qualify for his matriculation examination because of a compartment in mathematics.