G.R.MAJITHIA, J. - (1.) THE petitioner has sought a mandate to the respondents to appoint him against the post of Naib Tehsildar with effect from December 2, 1987, in this petition under Articles 226/227 of the Constitution of India.
(2.) THE petitioner's father late Sh. Hem Chander Gupta, who was working as Tehsildar, Ferozepur Jhirka, in the State of Haryana, expired on June 22, 1981. The Govt. of Haryana issued Circular Letter No. 3442-3gs-II-71/19169, dated July 13, 1971, providing for absorption in Government service one or more members of the family of the deceased Govt. employee on Class-III or Class IV posts, as the case may be, even in relaxation of the Rules. The relevant portion of these instructions read thus : "i am directed to invite attention to the Haryana Government circular letter No. 9054-4gs-70/32230, dated the 22nd December, 1970, on the subject noted above in which it was indicated inter-alia that one or more members of the family of the deceased employee would be considered for absorption in Govt. service, the relevant rules being relaxed, if necessary and feasible. In this connection the question as to the general policy to be followed in this behalf and the extent to which the rules should be relaxed has been considered by the State Government and it has been decided to make it clear that it is not the intention to provide employment to the dependents of deceased Government employee as a matter of course. Instead each individual case should be examined carefully and employment, which should be confined to class-Ill and Class IV posts, should be provided only if it is justified in order to avoid exceptional hardship and not otherwise. 2. In the matter of relaxation of rules etc. relaxation will be necessary in respect of the condition that appointment should be made after reference to the Employment Exchange on the recommendation of the Service Selection Board. As to the relaxation in the matter of age, qualifications, etc. the criterion should be that relaxation should be considered only to the extent that the work of the post in question will not be adversely affected and the person concerned will be able to undertake the work satisfactorily. Recommendations in this regard should be formulated after due consideration and reference thereafter be made to the Chief Secretary (in General Service II Branch) which office will then process the case further. " The petitioner's mother submitted an application that her son be appointed to the post of Kanungo ('a' Class ). Respondent No. 1 wrote a letter to respondent No. 3 to appoint the petitioner on the post of patwari, but the latter vide letter dated June 28, 1982, recommended that the petitioner be appointed on the post of Kanungo Class-A keeping in view the status of his father. Later on, the petitioner submitted an application on June 15, 1983 that if the post of Naib Tehsildar was not available, he might be considered for the post of Kanungo. Under the Punjab Tehsildari Rules, 1932 as applicable to the State of Haryana upto 1989 when these were substituted by the Haryana Revenue Department Naib Tehsildars (Group-C) Service Rules, 1988 with effect from January 6, 1989, the minimum qualification prescribed for appointment as Naib Tehsildar by direct recruitment is graduation from a recognised University. The petitioner passed his graduation in the year 1986. He did not possess the requisite qualification prescribed for the post of Naib Tehsildar on June 15, 1983 when he submitted an application for appointment as Naib Tehsildar or in the alternative, as Kanungo on compassionate grounds. He submitted an application to the Commissioner, Revenue Department, Haryana that he should be appointed to the post of Naib Tehsildar. The Financial Commissioner and Secretary to Govt. Haryana, Revenue Department vide letter dated June 9, 1987, requested the Chief Secretary to Government, Haryana, for granting approval to the appointment of the petitioner against the vacant post of Kanungo in the Head Office (Financial Commissioner's Office, ARIC Branch ). The State Government granted the approval and the petitioner was offered the post of Kanungo. The petitioner accepted the offer of appointment and joined against the said post. The petitioner moved this Court on November 17, 1988 through this writ petition claiming the relief afore mentioned. When the writ petition came up for motion hearing, the learned counsel for the petitioner relying upon a decision of this Court reported as Tarsem Kumar Sehgal v. State of Punjab and Anr. , 1986 (3) S. L. R. 774, urged before the Bench that the petitioner was entitled to be appointed as Naib Tehsildar from the date on which he became eligible for appointment as such. On November 18, 1988. The Bench passed the following order : "cities 1986 (3) S. L. R. 774. Admitted D. B. To be listed for final hearing on 1st December, 1988. " It is how this petition has been listed before us.
(3.) INDISPUTABLY , on the date when the petitioner's father died, he was not possessed of the minimum qualification prescribed for the post of Naib Tehsildar by direct recruitment. He graduated in 1986. Since on the date when his father expired he was not eligible for appointment to the post of Naib Tehsildar or as Kanungo, he was offered the post of a Clerk, which he declined to accept. On his representation, the State Government decided to appoint him as Kanungo.;