Jagat Pal v. Himachal Pradesh State Electricity Board
2015-10-07
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2015
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. By the medium of this writ petition, the petitioner has sought quashment of order dated 21.03.2011, whereby his request for employment on compassionate ground came to be rejected and further sought writ of mandamus commanding the respondent to consider his case for appointment to the post of Clerk/Driver on compassionate ground. 2. Heard. 3. Admittedly, Sohan Lal, father of the petitioner, was in the employment of the respondent department, retired on 30th September, 2003 and thereafter passed away on 10th October, 2003. 4. The moot question is whether the petitioner can claim appointment on compassionate ground. 5. The Court in a batch of writ petitions, the lead case of which is CWP No. 9094 of 2013, titled Surinder Kumar versus State of Himachal Pradesh and others others, decided on 6th October, 2015, has passed a detailed judgment and laid down the test for considering the case(s) of the applicants(s) for appointment on compassionate ground. 6. The Policy framed in the year 1990 provides that if an employee dies during service before attaining the age of 53 years or 55 years, as the case may be, his dependants can claim compassionate appointment, provided other eligibility conditions are fulfilled. 7. Having said so, we are of the considered view that the petitioner cannot claim the compassionate appointment. 8. Viewed thus, the impugned order dated 21.03.2011 is upheld. Accordingly, the writ petition is dismissed alongwith pending applications.