SHRI NAND KISHORE PRESENTLY POSTED AS DAILY WAGES BELDAR UNDER PWD MANDI DIVISION NO. II Vs. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (PUBLIC WORKS DEPTT.), GOVERNMENT OF H.P. AND ENGINEER-IN-CHIEF, H.P. PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) DE -linked from CWP No. 10272 of 2011. Petitioner's father died in harness. He was working with the Public Works Department, Government of Himachal Pradesh. The State Government has framed a policy for giving appointment to the wards of such deceased employees, on compassionate basis. Discretion to give appointment vests with the Government.

(2.) IT is not in dispute that the petitioner applied for appointment, on compassionate basis. Petitioner's application was processed and he was appointed as a daily -waged Beldar w.e.f. 1.3.2006. Since then the petitioner has been discharging the duties of a Class -III post.

(3.) MR . Tek Chand Sharma, learned counsel for the petitioner, has placed on record the information obtained under the Right to Information Act, evidencing the fact that Class -III posts were in fact lying vacant at the relevant time. Also, my specific attention is invited to the decision dated 3.8.2011 (Annexure P -3) taken by the authorities itself with respect to a similarly situated employee, who had also approached this Court and vide judgment dated 12.11.2009, passed in CWP(T) No. 15008/2008, titled as Nagender Singh versus State of Himachal Pradesh and others, this Court had directed the respondents -authorities to consider his case and pursuant to which, the Department has given him appointment as a Clerk instead of Beldar. Under these circumstances, writ petition needs to be allowed and the petitioner's case is to be considered for a Class -III post, in lines with the decision taken by the Department, with regard to similarly situated persons. Ordered accordingly. Petitioner undertakes not to claim monetary benefits as also the seniority over and above the persons, who already stand appointed to Class -III posts. The respondents shall consider the petitioner's case and take a decision thereupon, in accordance with law, within a period of two months from the date of production of certified copy of this order.