PREM LAL SHARMA Vs. STATE OF HARYANA AND ANOTHER
LAWS(P&H)-2008-9-248
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 18,2008

Prem Lal Sharma Appellant
VERSUS
State Of Haryana And Another Respondents

JUDGEMENT

- (1.) Vide this petition, the petitioner, who already has been appointed as Peon in the office of the Director, Department of Agriculture, Haryana on compassionate grounds, is seeking appointment on a Class-III post again on compassionate grounds.
(2.) The facts are that the petitioner is the adopted son of Smt. Sevti Devi, who was employed as a Peon in the office of the Director, Department of Agriculture, Haryana. While she was in service, she died on 27.08.1992. The petitioner submitted a representation dated 14.09.1992, wherein he made a request that he be appointed on Class-III post under the ex-gratia scheme and also submitted a Succession Certificate. The department rejected the claim of the petitioner vide letter dated 30.10.1994 on the ground that the petitioner could not be adopted as at the time of adoption i.e. 19.11.1990, the petitioner was 21 years of age, which was more than the prescribed age of 15 years according to the provisions of Section 10 of the Hindu Adoption Act, 1956.
(3.) The petitioner preferred CWP No. 14346 of 1998 in this Court. A Lok Adalat was held in the High Court and in the same, an order dated 01.12.1999 was passed, wherein direction was issued to the petitioner to make a fresh representation before the Secretary, Agriculture and also to the competent authority to sympathetically consider the representation and to take a decision within a period of three months thereon. The petitioner, in compliance with the directions of the Court, submitted a fresh representation on 07.12.1999 on which opportunity of personal hearing was given to him by the Commissioner, Agriculture. The Commissioner, at that stage by taking a lenient view decided to grant the petitioner appointment on the 4th class post under the compassionate scheme of the Government and also the gratuity amount due. passed by the Commissioner, Agriculture, issued appointment letter to the petitioner on the post of Peon vide order dated 31.03.2000. The petitioner, accordingly, joined on the post of Peon in the office of the Director, Department of Agriculture, Haryana.;


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