NEEL PARDEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Seeking a direction to the Director of Elementary Education and concerned officer to consider the case for appointment on compassionate ground under kith and kin policy, the son of an employee, who died in harness, had filed Original Application No.5331 of 2015, before the erstwhile Administrative Tribunal.

(2.) After abolition of the Tribunal, the matter was transferred to this Court and it was re-registered as CWPOA No.6361 of 2019. The Division Bench of this Court has admitted the matter for final hearing.

(3.) The case of the petitioner is that his father died in harness on 16/10/2002. At that time he was posted as Centre Head Teacher in Government Primary School, Karchham, District Kinnaur, H.P. Thus, the petitioner claimed that he was entitled to employment under kith and kin policy. The petitioner submitted that the State of Himachal Pradesh has framed the Policy for employment assistance to relatives of government servant who dies in harness or permanently disabled or missing. The petitioner claimed to be fully covered under such policy. He stated that he had applied under the said policy and the Deputy Director of Elementary Education had forwarded his claim to the Director of Elementary Education on 16/5/2008 vide Annexure A-1. He had also annexed with the application the death certificate of his father, his own senior secondary certificate, Himachali Certificate and Scheduled Tribe Certificate. He had also submitted the report of the Patwari that no member of his family was in Government employment, apart from other certificate that he was unemployed.