RAMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has been filed by Shri Ramesh Kumar praying for an appropriate writ to the respondents to consider his case for appointment in the post of lower division clerk on compassionate grounds and to offer him the said post immediately.

(2.) It is not disputed that the father of the present petitioner was serving as constable in the erstwhile 5th Himachal S. S B. Battalion and while he was serving in the said capacity he died due to an accident caused by heavy snow fall while he was on duty on 19th February, 1987 Late constable Gulab Singh left behind his widow Smt. Mangla Devi, his two sons, namely, Ramesh Kumar, the present petitioner and Parveen and a daughter Kumari Lata According to the petitioner his mother was illiterate and, therefore, she could not approach the authorities for appointment to a post on compassionate grounds, The petitioner and other children were minors at the time of death of their father late constable Gulab Singh and, therefore, they also could not apply for appointment to a post on compassionate grounds. The petitioner passed his matriculation examination in first division in March 1990 and at that time he was 17 years old He passed his plus 2 examination in the year 1992 and after completing 18 years of age, he applied to the respondents for appointment to the post of lower division clerk on compassionate grounds His application for the said post was received, as it appears from the reply filed on behalf of the respondents, on 15th July, 1992 and thereafter he was interviewed but not selected. Hence, the present writ petition.

(3.) In the reply affidavit the respondents have taken a plea that the writ petitioner has no right to claim appointment on compassionate grounds inasmuch as his father died while in service about five years back and as per office memorandum dated 30th June, 1987, Annexure R -1, his case is not covered.