RAJIV SHARMA, J. - (1.) HEARD counsel for the petitioner as well as learned Additional Standing Counsel appearing for the Union of India.
(2.) IT has been submitted by the counsel for the petitioner that after the death of the father of the petitioner, who while proceeding to join his duties after expiry of his leave met with an accident and expired on 15.9.1997, on 1.10.1997, the mother of the petitioner moved an application for appointment on compassionate ground stating therein that his elder son, namely, the petitioner may be offered an appointment under the provisions of Dying in Harness Rules as the family is under a pitiable financial hardship and further that both the sons are unemployed and two daughters are of marriageable age. It is also stated in the application that they have no dwelling house of their own. On the said application, the Department had asked the petitioner to move a proper application on requisite format for appointment on compassionate ground under the Dying in Harness Rules. In pursuance to the said letter dated 6.10.1997, the petitioner duly applied on 15.10.1997 for appointment on compassionate ground on requisite preformed and as no action was taken on the said application, he sent a reminder on 8th January, 1998. The application, so preferred, by the petitioner was rejected by the Department on 9.11.1999. Thereafter, the mother of the petitioner made a fresh representation on 10.12.1999 for considering the case of the petitioner for appointment on compassionate ground. The said representation was also rejected on 27.3.2000. Again a fresh representation was made by the mother of the petitioner for making appointment of petitioner on compassionate ground considering the acute need and financial crisis having no source of income, which too was rejected by the Department vide order dated 8.1.2000 intimating her that keeping in view the amount which has been paid to her after the death of her husband and the family pension which she is getting, it is not possible to offer an appointment to the petitioner under the provisions of Dying in Harness Rules, accordingly, your application is hereby rejected. Counsel for the petitioner submits that there is a scheme which has been formulated by the Department for making appointment of the dependants of the deceased persons, a copy of which has been annexed as Annexure-5 to the writ petition.
(3.) LEARNED counsel for the petitioner submits that while rejecting the application of petitioner for appointment on compassionate ground, Opp. Parties have neither considered the financial condition of the family nor the family background that the family was wholly dependant upon the earnings of the deceased.;