BHIM SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Late Bhagat Ram, father of the writ petitioner was working as Head Constable under the S.S.B. Organisation and at the time of death, he was posted as Head Constable at Group Centre, S.S.B., Dharampur, District Solan of this State. On 2.1.1990 while on duty, he died leaving behind his widow, his son the petitioner and a daughter. At the time of the death of his father, the petitioner was only 14 years old and was studying in school. Therefore, on 31.12.1993, the writ petitioner sent an application to the Director, S.S.B., for employment on compassionate grounds and the copy of the said application is available at Annexure PB. A separate application was also sent on the same date to the Commandant, Group Centre, S.S.B., Dharampur, District Solan, vide Annexure PC. On 9.2.1994 respondent No.3 issued an office memorandum regarding appointment on compassionate grounds of the petitioner and asked the petitioner to furnish certain information/certificates as mentioned in the said letter and the copy of the said letter is annexed as Annexure PD. The petitioner sent the requisite application form, duly filled in, alongwith necessary certificates/information through proper channel to respondent No.3. According to the petitioner, though under the existing instructions for appointment on compassionate grounds his mother could have been appointed to Group 'C' and 'D' posts but being an illiterate lady she could not take the opportunity, therefore, the mother of the petitioner wanted her son to be appointed on compassionate grounds and she accordingly sent the required affidavit to the respondents alongwith the application form of the writ petitioner. It has been alleged that the respondents sympathetically considered the case of the petitioner for appointment in the clerical cadre for which the writ petitioner applied and he was asked to furnish a certificate to show that he is a qualified typist, which was sent. The prayer for appointment on compassionate grounds was rejected vide office memorandum dated 22.9.1994 (Annexure PI). He was again informed on 9.11.1994 (Annexure PJ) that his case was rejected on the ground that due to reservation policy of the Government, the reservation in the respondent-organisation had exceeded the limit of 50 per cent and therefore, the appointment on compassionate grounds cannot be made. Hence the present petition.

(2.) In the reply-affidavit filed on behalf of respondents 1 to 3, the fact that the father of the petitioner died while in service and that the petitioner applied for appointment on compassionate grounds is undisputed. It has been stated that after the death of the father of the petitioner all his dues including family pension were paid and that the family of the petitioner is in possession of 2-3-10 Bighas of land. It has also been admitted that the petitioner applied for the post on compassionate grounds and the requisite information/documents were received. It has been averred, inter alia, that in view of the reservation policy, the matter was referred to the Cabinet Secretary for clarification and thereafter a communication was received and in view of the above clarification no appointment on compassionate ground can be given.

(3.) We have heard the learned counsel for the petitioner and learned Senior Gentral Govt. Standing Counsel for the respondents.