Raju vs The State of H.P. and Others

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

(i) That writ in the nature of certiorari may kindly be issued and the impugned order annexure P-10, may kindly be quashed and set aside.

(ii) That writ in the nature of mandamus may kindly be issued directing the Respondents to consider the candidature of the Petitioner for being appointed as Class-III daily wage Clerk from the date of initial appointment, that is, with effect from 28.12.2005 or from the date of joining and may kindly be directed to pay the consequential benefits accrued to the Petitioner including the seniority and further promotion made, if any, to the other similarly situated person(s) like Nagender Singh who have been given benefit after the judgment passed by this Hon''ble Court on 12.11.2009 in CWP(T) No. 15008/2008.

According to the Petitioner, being duly qualified to hold the post of Class-III, he should have been appointed in Class-III while offering the compassionate appointment. It is now well settled law that compassionate appointment can be made in the lowest rank of Class-III post, in case an incumbent possesses the requisite qualification and subject to availability of vacancy. There will be a direction to second Respondent/competent authority to look into the grievance of the Petitioner in the light of observations contained in the judgment and take appropriate action in accordance with law within a period of four months from the date of production of copy of this judgment alongwith a copy of the writ petition by the Petitioner.

With these observations, the petition stands disposed of, so also the pending application(s), if any. Copy dasti.