Shri Chet Singh vs State of Himachal Pradesh

Surinder Singh, J.—By means of present petition, the petitioner has sought the mandamus to consider his case for being appointed as Class-III daily wage Clerk, on compassionate ground w.e.f. 4.1.2006 with consequential benefits on the plea that he is duly qualified to hold the said post.

The respondents have filed their reply in the Court today. Be taken on record; copy whereof has been supplied to the opposite side.

The case of the petitioner is that his father died while in service in the respondent-Department. The respondents offered the job of Beldar w.e.f. 28.12.2005. Though he joined the service on 4.1.2006, but he was qualified to be appointed as Clerk. The respondents admitted that he is possessed of the required educational qualification for the said post, but no post of Clerk was lying vacant at the circle level at that time.

The learned Counsel for the petitioner has brought to my notice Annexure P6 dated 13.3.2007 whereby the respondent-Department had appointed 35 persons as daily wage Clerk at various places by the 2nd respondent.

By now it is well settled that the compassionate appointment can be made in the lowest rung of Class-III post, in case an incumbent possesses the requisite qualification and subject to availability of the vacancy. Thus, the second respondent being the competent authority is hereby directed to look into the grievance of the petitioner in the light of the observations contained hereinabove as also the similar situate cases of Raju versus The State of HP & Others (CWP No. 7409 of 2010), decided on 6.12.2010 and Nagender Singh versus State of Himachal Pradesh and others (CWP(T) No. 15008 of 2008), decided on 12.11.2009, by this Court and take appropriate action in accordance with law, within a period of four months from the production of certified copy of the judgment alongwith copy of the petition and Annexures thereto.

With these observations, the petition stands accordingly disposed of.