SANJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petition has been filed on the following prayer vide para 12(A): 12(A). This Hon 'ble Court may be pleased to issue writ of mandamus directing the Respondent No. 2 to offer appointment to the Petitioner as forest guard on compassionate grounds in view of Office Regt. Memo No. B.IX -27/147 dated 4.4.2009 whereby the case of the Petitioner has been recommended by the Conservator of Forest Dharmahsla for aproval.

(2.) THE Respondents have taken the following stand vide paras 1 to 3 of the preliminary submissions:

(3.) AGAINST the above backdrop, the Petitioner applied for grant of employment in the Respondent -Department on compassionate grounds in terms of the policy in that regard issued vide office memo dated 18.1.1990, a copy of which has been annexed by the Respondents with their reply and forms part of Annexure R -1. His case along with requisite documents was referred by Respondent No. 3 Conservator of Forests, Dharamshala Circle to Respondent No. 2 Principal Chief Conservator of Forests, Himachal Pradesh vide letter dated 1.7.2008, Annexure P -3. Consequently, he was called for interview for the post of Forest Guard under the aforesaid scheme vide letter dated 31.10.2008, Annexure P -4. He was again called vide letter dated 27.3.2009, Annexure P -9. However, strangely enough thereafter Respondent No. 3 sent communication dated 6.10.2009, Annexure P -6, to Respondent No. 4 with a direction that "no case shall be submitted unless desired by the Pr.CCF, hence the cases received vide memo under reference in original alongwith its enclosures is (sic) returned herewith. You are, therefore, requested not to send such cases in future till further orders received from the higher office". As per the latest communication dated 11.2.2010, Annexure P -7 sent by Respondent No. 3 to Respondent No. 4, it is stated as under: In this communication, it is intimated that the case of Shri Sanjay Kumar s/o late Shri Rattan Chand, village Kothi, P.O. Pahra, Tehsil Palampur, Distt. Kangra (HP) for the post of Forest Guard stand sent to Pr.CCP, HP, Shimla after conducting the interview under died in harness scheme vide this office Regd. Memo. No. B.IX - 27/147 dated 4.4.2009. Approval of the same is awaited. Hence, enclosures received with your memo under reference is returned herewith in original.