NARESH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 19.03.2002 passed by the learned Single Judge in SWP No. 2107/2001 whereby the writ petition filed by the writ petitioner-appellant herein, was dismissed. The facts giving rise to this Appeal are that the father of appellant-writ petitioner namely, Late Mohan Lal was working as Farm Hand in Military Farm, Jammu since 1975 and died on 21st December, 1997 due to prolonged illness. On 16.01.1998, the appellant-writ petitioner's mother submitted an application to the DADMF, Northern Command, C/o 56 APO, thereby seeking compassionate appointment in favour of her son, i.e., the appellant-writ petitioner on the post, vacancy of which was caused due to the death of her husband. The said application was forwarded to the Director Military Farms Headquarter Northern Command by the OIC Military Farms, Jammu. Vide letter dated 20.11.2000, but the appellant-writ petitioner's case was rejected on the ground of non-availability of the vacancy. He thus filed the writ petition.

(2.) Learned counsel for the appellant-writ petitioner argued that letter dated 20.11.2000 is in violation of the provisions of Compassionate Scheme. It is further urged that there was vacancy at the time when the application was submitted by the mother of the appellant-writ petitioner and now the respondents cannot deny the claim of the appellant-writ petitioner on the ground that in absence of the vacancy, he cannot be appointed on compassionate ground though he is being eligible for compassionate appointment.

(3.) It is further contended that in case there is no vacancy, even then the respondents should take up the matter with other Ministry/Offices of the Government of India for providing appointment to those in the waiting list. In this regard learned counsel for the petitioner referred para 7 (f) of the Scheme dated 09.10.1998.