UNION OF INDIA Vs. ASEEM SHARMA

JUDGEMENT

(1.) WE have heard Mrs. Neeru Goswami, Additional Central Government Standing Counsel for appellants as well as Mr. J.S. Kotwal, Advocate for respondent.

(2.) THE controversy involved in this appeal centered around the question of appointment on compassionate ground of respondent -1. Respondentâ„¢s father was working as Office Superintendent Grade -I under the appellant. He died on 12 -03 -1992 in harness. Thereafter, the mother of respondent -1 stated to have been applied for making suitable appointment on compassionate ground within time. This statement has been however, controverted by Mrs. Neeru Goswami, learned counsel for appellants that no such application has been filed. Be that as it may, another application dated: 20 -05 -1995 has been preferred by the present respondent and it was processed at various level. As the appointment on compassionate ground did not materialise, it appears that the respondent has also issued a legal notice under section 80 CPC. The said legal notice has been answered by letter dated: 26 -11 -1999, the operative portion of which, is extracted below: - .... At present appointment cannot be offered to Shri Aseem Sharma S/o Late Sh. RP Sharma against deceased quota due to non -availability of vacancy. His case will be considered on merit on his own turn as and when vacancy occurs.  Being aggrieved, the respondent preferred Service Writ Petition No. 566/2000, which has been disposed of by the Learned Single Judge, after hearing the counsel of both sides. The relevant portion of which, reads as under: - As a result of aforesaid discussion, this Writ Petition deserves to be allowed and as a consequence of it communication Annexure -D dated: 26 -11 -1999 issued by Adm. Offr., for Chief Engineer, Udhampur Zone, PO: Garhi, Udhampur -182121 denying the claim of the petitioner is hereby quashed and set aside. It is further directed that he shall be offered employment on compassionate ground, subject of course fulfillment of other requirements under law. This exercise shall be completed by respondent on or before 31 -03 -2001. Registry is directed to supply Dasti copy of this order on payment of usual charge to the learned counsel for the parties. 

(3.) BY the aforesaid order, the Learned Single Judge has directed the respondentâ„¢s appointment on compassionate ground and further directed that the same exercise shall be completed by the respondents in the writ petition on or before 31 -03 -2001. It would thus appear that positive direction has been issued in the form of writ of mandamus directing the respondents to appoint the petitioner/respondent on compassionate ground.