DINA NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER 's father died in harness. He was working with the Public Works Department, Government of Himachal Pradesh.

(2.) 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. 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. 22.10.2007. Since then the petitioner has been discharging his 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.