Munish Kumar vs State of Himachal Pradesh

Justice V.K. Ahuja, J.—The petitioner has filed the present writ petition under Article 226 of the Constitution of India, praying for the following reliefs:

a) That by way of issuing the writ of certiorari annexure P-5 rejection letter issued by the respondent may kindly be quashed and set aside and respondent may also be directed to produce the all record pertaining to the appointment of the petitioner in support of the petitioner''s averments.

b) That the respondents may be directed to consider the case of the petitioner and to give him appointment on compassionate ground which he deserves due to his father''s untimely and sad demise when he was serving with the department.

A notice of the petition was issued to the respondents, who filed reply to the petition.

Briefly stated, the facts of the case are that vide application Annexure P-3, the petitioner''s father had applied for his retirement on medical basis in the year 2003. Thereafter, in the year 2004 also, he allegedly made various applications to the respondents vide Annexure P-4. Before the applications could be considered, he died on 16.6.2004 and by that time neither his application was rejected nor accepted, as alleged by the petitioner. The petitioner has prayed for his appointment on compassionate ground being the ward of the deceased employee.

In their reply respondent No. 2 University had pleaded that the case of pre-mature retirement on medical grounds of petitioner was under process. However, respondent No. 1 vide letter dated 2.12.2005 informed that the case is not covered under the provisions of para 2(d) of existing policy of the Government circulated on 18.1.1990. The wife of the deceased (mother of the petitioner) was informed by respondent No. 2, vide its letter dated 2.2.2006, Annexure R-7.

Learned counsel for the petitioner submits that the case of the petitioner may be considered for appointment on compassionate grounds after the death of the employee, i.e. the father of the petitioner. Accordingly the petition is allowed to this extent only that respondent No. 2 shall consider the case of the petitioner for providing employment on compassionate grounds within the provision of the Rules, if permitted and the said application shall be disposed of within a period of three months from the date of production of a copy of this order by the petitioner before respondent No. 2. With the above observations, the writ petition stands allowed and disposed of accordingly. Pending application(s), if any, shall also stand disposed of. There is no order as to costs.