LAWS(HPH)-2021-7-57

NARENDER KUMAR Vs. H.R.T.C.

Decided On July 19, 2021
NARENDER KUMAR Appellant
V/S
H.R.T.C. Respondents

JUDGEMENT

(1.) The mother the writ petitioner, one Kala Devi, died in harness on 18.10.1997. The petitioner, upon, occurrence of demise, in harness of his mother, proceeded to, as revealed by Annexure A-1, obtain an affirmative verdict, from the court of learned Senior Sub Judge, Mandi, upon, his petition, cast under Section 372 of the Indian Succession Act. The legal fallouts of Annexure A-1, are, that the petitioner became bestowed with all the monetary entitlements of his deceased mother one Kala Devi, inasmuch, as, he became entitled to GPF, ex-gratia, gratuity, and, pension.

(2.) At time of occurrence of demise in harness, of Kala Devi, the father of the petitioner, one Balwant was alive, and, he was in a regular service, as, a driver with the HRTC. Balwant expired on 21.04.2008

(3.) Since, the writ petitioner became declared through Annexure A-1, to be the legal heir of his deceased mother Kala Devi, hence, he preferred an application before the respondents concerned, for, seeking his appointment on a compassionate basis. Though, the writ petitioner in quick sequel to the occurrence of demise, in harness, of his mother Kala Devi, applied to the respondents for his being given an appointment on a compassionate basis. However, as disclosed by a letter addressed to the writ petitioner, on 23.8.2015, his afore endeavour became declined. The writ petitioner did not halt his efforts to secure the aspired compassionate appointment, on demise in harness, of his mother, and, proceeded to, to the afore effect make an application, on 22.07.2015, to the respondents/Corporation. However, as disclosed by communication supra, as became addressed to him, his afore request became declined. Consequently, the writ petitioner seeks the making of a mandamus, upon, the respondents, to give him compassionate appointment w.e.f. 1.5.1998, whereat his mother one Kala Devi died in harness.