STATE OF H.P. Vs. SANJAY KUMAR

JUDGEMENT

(1.) THIS judgment shall dispose of LPA Nos.77, 85, 99, 107, 108, 117, 119, 120, 121, 128, 130 and 131 of 2013 as common question of law is involved in all the appeals.

(2.) THE judgment dated 14.9.2012 of the learned Single Judge in CWP No.7031 of 2012 has been assailed in the appeal. As per the case of the respondent his father Kansi Ram had joined the department of appellant No.5 as daily waged beldar in the year 1974, he was regularized as beldar in the year 1995. The father of the respondent died on 11.12.2002 while serving as regular beldar. The Whether the reporters of the local papers may be allowed to see the Judgment? respondent applied for compassionate appointment in June, 2004. The appellant No.3 vide office order dated 24.10.2005 appointed respondent as daily wages beldar on compassionate ground. The respondent joined as such on 18.11.2005 in Sub Division, Badukhar. The respondent claimed appointment on compassionate ground on regular basis with all consequential benefits. The learned Single Judge has allowed the petition of respondent.

(3.) THE judgment dated 4.7.2011 of the learned Single Judge in CWP(T) No.16006 of 2008 has been assailed in the appeal. As per the case of the respondent his father Nasir Mohammad had initially joined the department of appellant No.4 as daily waged beldar in the year 1984, he was regularized in the year 1995. The father of the respondent died on 15.2.2001 while serving as regular beldar. The respondent applied for compassionate appointment in June, 2001. The appellant No.3 vide office order dated 31.10.2005 appointed respondent as daily waged beldar on compassionate ground. The respondent joined as such on 7.11.2005 in Sub Division, Kotla. The respondent claimed appointment on compassionate ground on regular basis with all consequential benefits. The appellants contended that department O.M. dated 18.1.1990 has been amended vide DPO No.Per(AP-II)F(4)-4/89 dated 16.8.2005 giving employment on daily waged basis. Accordingly, the case of the respondent was considered by Superintending Engineer 9th Circle, HP PWD , Nurpur and he was appointed vide office order dated 24.10.2005. It has been contended that respondent has been rightly appointed as daily waged beldar on compassionate ground. The learned Single Judge has allowed the petition of respondent.