NIWAS Vs. REGISTRAR FIRM, SOCIETIES AND CHITS

JUDGEMENT

(1.) By this writ petition, the petitioner has prayed for the following relief :

(2.) Briefly stated the facts of the present case are that the father of the petitioner Late Hari Ram was a Class IV employee in the office of respondent no.2. He died on 15.9.1995 while in service. The petitioner applied on 25.11.1995 for appointment on compassionate ground and he was appointed as Chowkidar vide order of the Registrar dated 23.12.1995 (Annexure no.2). Thereafter vide application dated 14.3.1996 (Annexure no.3) followed by another application dated 8.8.1997 (Annexure no.4), the petitioner represented before the respondent no.1 to appoint him as Clerk, since his qualification is intermediate. It appears that the aforesaid representation dated 14.3.1996 was sent through the respondent no.2 who forwarded it to the respondent no.1 vide his letter (Annexure no. CA-2). Vide letter dated 24.8.1996 (Annexure no.3) the respondent no. 1 communicated that there is no vacancy in the category of Clerk and the petitioner was appointed on the post which fell vacant due to death of his father. It appears that on the subsequent representation of the petitioner dated 8.8.1997 (Annexure no.4), the respondent no. 1 sought guidance of the State Government vide letter no. 2370 dated 14.8.1997 on the issue whether the petitioner may be appointed in Class IV. Thereupon the State Government vide letter dated 24.9.1998 (Annexure no. CA-5) communicated to the respondent no.1 that the petitioners case for the appointment on the post of Clerk may be considered if there is vacancy subject to the condition that It is outside the purview of Public Service Commission.

(3.) It appears that without there being any vacancy in the category of 'Clerk' the respondent no.1 appointed the petitioner vide order dated 14.5.2002 (Annexure no.5) with effect from 23.12.1995 by creating an additional post in Class-III. Subsequently, the respondent no.1 withdrew the creation of additional post and restored the original appointment of the petitioner, vide order dated 14.1.2003 (Annexure no.6). Aggrieved with this order the petitioner has filed the present writ petition.