PARAS RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that petitioner Paras Ram was appointed as Peon in the office of respondent No. 2 Deputy Commissioner Shimla District Shimla HP. It is further pleaded that petitioner is suffering from chronic schizophrenia. It is further pleaded that thereafter wife of petitioner Smt. Urmila Devi applied for employment on compassionate ground. It is further pleaded that Civil Writ Petition No. 850/2010 titled Paras Ram Vs. State of HP and others was filed which was decided on 19.10.2010. It is further pleaded that respondents did not comply the direction of Hon'ble High Court of HP issued in Civil Writ Petition No. 850/2010 titled Paras Ram Vs. State of HP and another decided on 19.10.2010. It is further pleaded that at present vide order dated 16.6.2010 learned Deputy Commissioner Shimla passed office order of retirement of petitioner Paras Ram Peon from government service w.e.f. 16.6.2010 (A.N) under rule 38 of Central Civil Services (Pension) Rules 1972. It is further pleaded that the order of learned Deputy Commission Shimla dated 16.6.2010 is contrary to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (hereinafter referred to as the 'Act'). It is further pleaded that learned Deputy Commissioner also rejected the claim of Smt. Urmila Devi wife of Sh. Paras Ram and her son Deepak Kumar for employment on compassionate ground on dated 28.9.2011. It is further pleaded that order dated 16.6.2010 and order dated 28.9.2011 passed by learned Deputy Commissioner Shimla be set aside. It is further pleaded that son of Sh. Paras Ram namely Deepak Kumar be appointed on compassionate ground or consequential salary benefit be given to petitioner Paras Ram.

(2.) PER contra reply filed on behalf of respondents pleaded therein that present petition is not maintainable. It is pleaded that as per medical report Sh. Paras Ram is not fit to be retained in service due to his ailment health i.e. chronic schizophrenia. It is further pleaded that Smt. Urmila Devi wife of Sh. Paras Ram has received an amount of Rs. 1,32,797/ - (One lac thirty two thousand seven hundred ninety seven) as retirement dues and is also receiving pension to the tune of Rs. 5285/ - (Five thousand two hundred eighty five) per month and also receiving income from house property to the tune of Rs. 35,000/ - (Thirty five thousand) per annum. It is further pleaded that total income of the family of Sh. Paras Ram is exceeding Rs. 1,00,000/ - (One lac) per annum. It is further pleaded that as per policy of employment on compassionate ground the benefit could be given to those dependents only whose maximum family income does not exceed Rs. 1,00,000/ -. (One lac). Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in the present civil writ petition: