DESH RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioners father died on 11.12.1998 while he was serving as Cook in the Central Industrial Security Force. The petitioners mother submitted an application seeking compassionate appointment for the petitioner dated nill. The case was considered by the duly constituted Committee in the month of February, 2000. The Commandant/Recruitment informed the Inspector General, CISF North Sector, Headquarters, Delhi on 16.3.2000 that the matter was examined by the headquarters in accordance with instructions/directions issued by the Establishment and Training Department and it was found that the candidate was not eligible for appointment on compassionate grounds as per the instructions/directions. The petitioners mother made a representation to the Minister, Consumer Affairs and Public Distribution, Govt. of India, New Delhi to take up the matter with the authorities for compassionate appointment. The respondents informed the Minister on 22.1.2001 that the petitioner being only 7th pass was not eligible for appointment in CISF even in Group - ˜D post. It appears from the record that the petitioners mother had informed the authorities that her son had passed middle standard examination in the year, 2001. The petitioner approached this Court by way of C.W.P. No. 1633/2002 seeking direction to the respondents to consider his case for compassionate appointment. The Civil Writ Petition No. 1633 of 2002 was disposed of by this court on 27.12.2004 and the petitioner was directed to make an application to the respondents for considering his case for compassionate appointment. The petitioner submitted an application on 21.2.2005 to the competent authority. The case of the petitioner was rejected and the decision was conveyed to him on 30.3.2005 (R -2). It was conveyed to the petitioner by way of order dated 30.3.2005 that the petitioner was ineligible for appointment to the post of Followed category (Group ˜D) on compassionate grounds for which the minimum educational qualification is 8th class pass. However, he was further informed that the organization did not have a vacancy of Follower, in any trade for compassionate appointment against the prescribed ceiling of 5% quota. The petitioners mother met the Director General of CISF on 26.9.2005 seeking appointment for her son. The decision was conveyed to the petitioner on 19.10.2005 by the Assistant Inspector General/Recruitment whereby the earlier decision dated 30.3.2005 was referred to and it was reiterated that there was no vacancy available of Follower in any trade of compassionate appointment against the prescribed ceiling of 5% quota and it was not possible to appoint him in the Follower trade.

(2.) MR . R.D. Kaundal, Advocate had strenuously argued that the respondents have taken contradictory stand as is evident from the documents placed on record by the respondents and the reply. He then contended that his client was required to be considered for appointment by invoking relaxation clause. Mr. Sandeep Sharma, Assistant Solicitor General of India had supported the decision dated 30.3.2005 and 19.10.2005.

(3.) WHAT emerges from the facts enumerated hereinabove, is that the petitioner lost his father on 11.12.1998. His mother made an application seeking compassionate appointment for her son. The respondents though have considered the case of the petitioner in the month of February, 2000 but he was not found eligible to appointed on compassionate grounds. The text of decision dated 16.3.2000 reads thus :