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1999 DIGILAW 386 (SC)

State Of Haryana v. RAJIV DESHWAL

1999-03-22

B.N.KIRPAL, S.RAJENDRA BABU

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( 1 ) WE have heard learned counsel for the parties. The High Court has interpreted the clause which reads as under:"further, the compassionate employment being offered shall be at least one step lower than that of the deceased employee except in cases where the deceased employee was working at the lowest level in the government. "according to the High Court this clause means that an applicant has a right to be considered for appointment to a post which is only one step below the one which was held by the deceased employee. ( 2 ) IN our opinion, this interpretation of the said clause by the High Court is erroneous. This clause means that the offer of appointment to the deceased employees dependant is not to be on a post equivalent to the one which was held by the deceased employee but should be on a lower post by at least one step. Therefore, in the present case when the deceased employee was Deputy superintendent of Police, the offering of the post of ASI was not incorrect. However, as the High Court has found that four posts of Inspectors were lying vacant to which the respondent could have been appointed we do not wish to interfere in this case. Special leave petition is disposed of in the aforesaid terms.