Jasveer Singh vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

(a) That the applicant be elevated to the post of clerk as the selection and appointment of Respondent No. 5 on compassionate ground from the date of appointment of the applicant as beldar.

The father of the Petitioner died while in service. There is no dispute that the Petitioner was entitled for appointment on compassionate grounds. However, he was offered appointment only as Beldar on daily wages on 26.12.2005. The contention is that the Petitioner is qualified to be appointed in Class-III post. It is also submitted that several others have been appointed so commensurate to their qualifications. We have already held in several cases that as per the policy of the State, it is not required that the appointment on compassionate grounds should be made only against Class-IV posts. The policy permits appointment against the lowest rung of Class-III post, in case where there is vacancy available at the relevant time.

Therefore, this writ petition is disposed of with direction to the fist Respondent to look into the matter, with notice to the Petitioner and in case there was a vacancy available in the lowest rung of Class-III post at the time of the appointment of the Petitioner as Beldar on daily wages, the Petitioner shall be accommodated against that post. However, in order to avoid future litigation, it is made clear that the Petitioner shall only be entitled to the notional benefits since the Petitioner has not actually worked for the said period and the monitory benefits will start accruing only from the date of actual posting in case the Petitioner is appointed against the Class-III post. The needful in this regard shall be done within a period of one month from the date of production of copy of this judgment.