M.Y.EQBAL, J. - (1.) HEARD the counsel for the parties.
(2.) THE grievance of the petitioner is that although the respondents have taken a decision to appoint him on compassionate ground but they are not giving him employment. The petitioner earlier moved this Court by filing a writ application being CWJC No. 1538/2000 -R The said writ application was disposed of on 26.6.2000 directing the respondents to consider the application filed by the petitioner for compassionate appointment and take a decision in accordance with law within a period of two months. When the said direction was not complied with, the petitioner filed a contempt petition being MJC No. 645/2000 -R. In that contempt petition a show cause was filed by the respondents stating that the case of the petitioner for appointment in Group C post has been forwarded for necessary action. This Court again gave one indulgence to the respondents and disposed of the contempt petition directing the respondents to take decision within 30 days from the date of receipt of a copy of the said order. However, when the contempt petition itself was pending, a decision was taken by the respondents on 19.2.2001 whereby the Chief Engineer approved the appointment of the petitioner on compassionate ground in Group D post subject to the condition that the Superintending Engineer, Co -ordination Circle (ER) shall issue a formal letter of appointment only against the available vacancy in the prescribed quota for compassionate appointment. The Chief Engineer, in the said decision, also accorded relaxation to the upper age limit in the case of the petitioner.
(3.) A counter -affidavit has been filed by the respondents stating, inter alia, that the approval of the Chief Engineer (E) -II CPWD for appointment of the petitioner in Grade D post has been received and the name of the petitioner at present stands at Serial No. 9 in the waiting list prepared as per date of death of the Government employee and as per the rule only 5% of the existing vacancy are filled up on the ground of compassionate appointment.;