Rajinder Singh vs State of H.P. and Another

Justice Sanjay Karol, J.—Petitioner has prayed for the following reliefs:-

(i) That a writ in the nature of certiorari may kindly be issued and Annexure P-5 may kindly be quashed and set aside.

(ii) That a writ in the nature of mandamus may kindly be issued directing the respondents to extend the benefit of compassionate appointment to the petitioner to a suitable post in the respondent department, in the interest of justice.

(iii) To produce the entire record pertaining to the case before this Hon''ble Court for its kind perusal.

(iv) Any other relief as may be deemed just and proper keeping in view the facts and circumstances of the case may also be granted in favour of the petitioner.

Annexure P-5 is the communication issued by Dy. Director, Elementary Education to the petitioner conveying decision of the Government, rejecting petitioner''s request for employment on compassionate basis.

This communication does not convey the reasons either assigned by the competent authority or the material considered and factors which prevailed upon the competent authority while taking such a decision.

Respondents in their reply-affidavit have also not disclosed about the same.

Hence, impugned communication dated 5.11.2002 needs to be quashed on this short ground alone.

Petitioner''s father undisputedly was working as a Head Teacher. Due to his permanent physical incapacity which he suffered during the course of his employment, he was compulsorily retired on 24th December, 2001. Clause 17.2.1 of Hand Book on Personnel Matters issued by the Government of Himachal Pradesh clearly provides that benefits accorded to the near relations of Government servant, who die in harness leaving the family in immediate need of assistance, would also be applicable in the case of appointment of near relatives of Government servants who are prematurely retired on medical grounds. Thus, petitioner''s application ought to have been considered in the light of the said instruction.

As such, there shall be a direction to respondent No.1 to consider the petitioner''s request for appointment on compassionate basis, in accordance with law, Policy, instructions in existence as on the date of application, within a period of three months from the date of receipt of certified copy of this judgment.

With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any.