- (1.) The petitioner is a helpless orphan and is subjected to litigation by the respondent State. He has filed the instant petition under Article 226 of the Constitution for issuance of appropriate direction to the respondents to employ him on a suitable post in accordance with the ex gratia employment scheme or the rules. The writ petition was allowed on 1.8.2006 by a Division Bench of which one of us (M.M. Kumar, J.) was a member by striking off the defence of the respondent State for having not paid the cost of Rs. 10,000/- for filing of written statement. Against the judgment dated 1.8.2006, the respondent State approached Hon ble the Supreme Court. On 10.3.2008, the following order has been passed by Hon ble the Supreme Court in S.L.P. (Civil) No. 12517 of 2007. In this case the Department has obtained instructions to deposit the cost of Rs. 10,000/- for not filing the written statement. Hence, the matter came to be decided against the Department. Since the Department is ready and willing to pay the cost of Rs. 10,000/- the following order is being passed: Department is directed to file its written statement within eight weeks from today. Cost of Rs. 10,000/- shall be paid to the employee as cost condition precedent. The High Court is requested to hear and dispose of the matter as expeditiously as possible and preferably within six months from the date of the filing of the written statement. The special leave petition is disposed of accordingly.
(2.) The cost of Rs. 10,000/- has now been paid and the written statement of respondent Nos. 1 to 3 has already been taken on record.
(3.) The petitioner has asserted that his mother was working as a JBT Teacher, who died along with his father on 6.9.1993 in an unfortunate accident. At the time of their death the petitioner was less than nine years nine months old having been born on 11.11.1983. He attained majority on 11.11.2001 and filed an application on 6.5.2003 (P-5) for ex-gratia employment under the Exgratia Employment Scheme as prevailing at that time. It has been claimed that he has a younger brother with the name of Himansu Dembla, who was 5 years old at the time of death of their parents, and sells vegetables as a street hawker as there is no source of income. The father of the petitioner was an employee in a private firm at Faridabad and no benefit from his service has been paid to the petitioner The petitioner has acquired the qualification of 10 + 2 in the year 2004. The Director, Primary Education, Haryana, on a representation made, had addressed a communication on 22.1.1994 to the Chief Secretary to reserve one post for him as the petitioner was below 17 years of age. The aforementioned communication reads as under: Deceased Santosh Devi JBT Teacher was posted at Primary School Dakola district Faridabad. She died on 6.9.1993 during service. The father in law of deceased employee has requested because he do not want service and their children are minor and one out of them Jitesh Demble studying in 4th Class and his date of birth is 11.11.1983. The resolution for service can not be submitted according the Exgratia Scheme of the Government because his age is below 17 years. Please reserve the post for him, so that at the age of 17 years after sending the resolution of service he may get facility of service. The relevant documents are attached in this regard. The deceased employee was a permanent employee of the Government. Sd/- Joint Director, Primary Education, For Director, Primary Education, Haryana, Chandigarh Dated 22.1.1994.;