SHRI KULDEEP SINGH, S/O LATE SHRI BHAG SINGH, RESIDENT OF VILLAGE GEHAL NUWANA, TEHSIL GHUMAWIN, DISTRICT BILASPUR, HIMACHAL PRADESH Vs. STATE OF H.P. THROUGH SECRETARY (FORESTS) GOVERNMENT OF H.P., SHIMLA-2,

JUDGEMENT

(1.) APPELLANT was the petitioner in the writ petition. The petitioner approached this Court seeking compassionate appointment as Junior Engineer when he was appointed as Forest Guard on 12.11.1997. The date of death of the bread earner of the family of the petitioner is 16.7.1995. It is the case of the appellant -petitioner that he was only qualified for appointment as Junior Engineer when he was offered appointment as Forest Guard.

(2.) THE learned Deputy Advocate General has brought to the notice of this Court that the policy available in the matter of compassionate appointment at the time of the appointment of the appellant -petitioner as Forest Guard did not permit appointment of the appellant -petitioner to the technical post. Permitting appointment to technical posts in Education and various other Departments was introduced only in the year 2002. It is also submitted that prior to 2002 no person has been appointed in the Department in any technical posts, on compassionate appointment.

(3.) LEARNED counsel for the appellant -petitioner submits that for want of qualified person, there are several vacancies in the Department for the post of Junior Engineer. It is also prayed that the appellant -petitioner may be permitted to make an appropriate representation to the Government in terms of clause -11 of the policy for change of posts.