VINOD KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The writ petition was de-linked from the group of cases, the lead case of which was CWP No.9094 of 2013, and was taken up separately.

(2.) By the medium of instant writ petition, the petitioner has sought writ of certiorari for quashing the order Annexure P-6 made by the respondents rejecting the claim of the petitioner for appointment on compassionate ground, and has also sought writ of mandamus commanding the respondents to consider the case of the petitioner for appointment on compassionate ground.

(3.) Precisely, the case of the petitioner is that father of the petitioner, who was serving as Sepoy General Duty, suffered injuries while on duty and ultimately died on 21.3.1990 at AIIMS, New Delhi. The petitioner, on attaining the age of majority and after completing 10+2 in the year 2011, applied for appointment on compassionate ground. Thereafter, he was called for undergoing physical, medical and written tests, which the petitioner, as pleaded, had qualified. However, vide letter dated 22.10.2013, it was conveyed to the petitioner that compassionate appointment cannot be granted to the petitioner since his father was serving as GD. Thereafter, again the petitioner applied for the post of Clerk and he was called for test, which he qualified. However, this time also appointment was declined to the petitioner on the ground of instructions issued vide Annexure P-4, wherein it is provided that a married man cannot be appointed. Again the petitioner represented vide representation, dated 10.9.2014, (Annexure P-5), however, vide communication Annexure P-6, the petitioner was intimated that since he got married, his case for compassionate appointment cannot be considered. Hence the petitioner sought quashment of Annexure P-6.