DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who had been appointed on the post of Peon i.e. Class-IV employee on 12.6.2009 on compassionate basis, has filed the instant writ petition impugning the order dated 19.7.2010, Annexure P6, whereby his claim to be appointed on a Class-III post instead, has been rejected.

(2.) Briefly noticed, the father of the petitioner who was working on the post of Sub Inspector with the Haryana State Transport Department, died on 26.3.1997 in harness. At that point of time, the petitioner was a minor, his date of birth being 20.11.1982 and, accordingly, his mother submitted a request on 11.4.1997 to the respondent-Department nominating her son i.e. the present petitioner to be considered for appointment on a compassionate basis. As soon as the petitioner attained the age of majority, his mother re-iterated such request. On 5.10.2001, the application submitted by the mother of the petitioner seeking consideration of the claim of her son i.e. the present petitioner for appointment on compassionate basis was rejected on the basis that the same had been received four years after the death of the employee. Such rejection was challenged by the petitioner in terms of filing Civil Writ Petition No.1516 of 2002 in this Court.

(3.) In purported compliance of directions passed by this Court, the case of the petitioner was considered and he had been given appointment on 12.6.2009 on the post of Peon i.e. Class-IV post on which he had duly joined and is working. Apparently, the petitioner thereafter raised a claim that in the light of the policy dated 8.5.1995, Annexure P7, he was, in fact, entitled to be appointed to a post "one step lower" than that held by his deceased father and as such, since his father was holding the post of Sub Inspector in the respondent-Department on the date of his death, he be appointed to a Class-III post. Such claim stands rejected in the light of the impugned order dated 19.7.2010, Annexure P6.