CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner's father, who was working as regular Class IV employee in the respondentdepartment, died in harness on 3rd May, 2007. Petitioner submitted an application for considering his candidature for appointment on compassionate basis. The application of the petitioner was received in the office of the Director of Higher Education on 10th June, 2008. The same was returned to the Deputy Director of Higher Education, Sirmaur on 19th March, 2009. Thereafter, the same was resubmitted to the Director of Higher Education on 4 th March, 2010.

(2.) THE stand of the respondents is that the case of the petitioner has been sent for approval to the State Government on 22nd July, 2010. However, the fact of the matter is that no decision till date has been taken by the respondentState. A preliminary objection has also been taken by the State, in its reply, that the case of the petitioner is not covered under the latest policy of the State Government, dated 25th September, 2010.

(3.) THEIR Lordships of the Hon'ble Supreme Court in Director General of Posts and others versus K. Chandrashekar Rao, (2013) 3 Supreme Court Cases 310, held that the scheme of compassionate appointment framed by the Government has force of law as subordinate legislation and will be enforceable to limited extent within prescribed parameters. Their Lordships have held as under: