- (1.) Special leave granted.
(2.) This appeal arises out of a writ petition (CWP No. 446 of 1995 filed by the respondent in the High court of Himachal Pradesh. In the said writ petition the case of the respondent was that her husband Budhi Singh was employed in the Office of Director, Fisheries Department, Government ofhimachal Pradesh, and that he had died in harness on 12/1/1993. The respondent had applied for appointment of her son Harbans Lal on compassionate grounds. The said application of the respondent was rejected by order dated 31/3/1994 passed by the Director of Fisheries on the ground that one of the sons of the deceased employee was already in government service and another son could not be given appointment on compassionate grounds. The respondent has however, told that if she was herself interested in government service the department could consider her request. By the impugned judgment dated 16/5/1996 the High court has allowed the said writ petition of the respondent and has set aside the order dated 31/3/1994 passed by the Director of Fisheries and has directed the appellants to reconsider the case of Harbans Lal, the son of the respondent, for appointment on compassionate grounds.
(3.) The learned counsel for the appellants has invited our attention to the Office Memorandum dated 18/1/1990 issued by the government of Himachal Pradesh, Department of Personnel [ap-II] on the subject of appointment of sons/daughters/near relations of a government servant who dies in harness, leaving his family in immediate need of assistance. In para 5 (c) of the said Office Memorandum relating to eligibility for such appointment, it has been stated: "5.(C) Eligibility.-In all cases where one or more members of the family are already in government service or in employment of autonomous Bodies/boards/corporations etc. , of the State/central government, employment assistance should not under any circumstances be provided to the second or third member of the family. In cases, however, where the widow of the deceased government servant represents or claims that her employed sons/daughters are not supporting her, the request of employment assistance should be considered only in respect of the widow. Even for allowing compassionate appointment to the widow in such cases the opinion of the Department of Personnel and finance Department should specifically be sought and the matter finally decided by the council of Ministers. ";