NAVEEN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for a writ of certiorari quashing order dated 21st of May07, vide which the claim of the petitioner for compassionate appointment has been rejected. Mandamus is also sought commanding respondents to appoint the petitioner on compassionate grounds.

(2.) FATHER of the petitioner namely Om Parkash, who was serving as Auditor in PCDA(NC), died in harness on 6th of Jan95. The petitioner was minor at that time. On attaining majority, the mother of the petitioner applied to the respondent authorities vide representation dated 24th of Jan07,that her son (petitioner herein), be given compassionate appointment as Gp.C. The respondents after considering the claim of the petitioner in terms of standing Government orders on the subject, rejected the same vide order impugned dt. 21st of May07, and it is this order which is subject matter of challenge in the present petition.

(3.) THE grievance of the petitioner is that after the death of his father, his mother filed various representations before the authorities concerned and every time, assurance was given to her that the case of the petitioner would be considered for compassionate appointment by the respondents as and when he attains majority but despite these assurances given to his mother, the respondents have rejected the claim of the petitioner. It is further stated that the family of the petitioner is suffering from financial hardship, and therefore, keeping in view the present condition of the family, the respondents are bound to appoint the petitioner on compassionate grounds as per the standing Government instructions.