ORDER : Sureshwar Thakur, J. 1. The mother the writ petitioner, one Kala Devi, died in harness on 18.10.1997. The petitioner, upon, occurrence of demise, in harness of his mother, proceeded to, as revealed by Annexure A-1, obtain an affirmative verdict, from the court of learned Senior Sub Judge, Mandi, upon, his petition, cast under Section 372 of the Indian Succession Act. The legal fallouts of Annexure A-1, are, that the petitioner became bestowed with all the monetary entitlements of his deceased mother one Kala Devi, inasmuch, as, he became entitled to GPF, ex-gratia, gratuity, and, pension. 2. At time of occurrence of demise in harness, of Kala Devi, the father of the petitioner, one Balwant was have, and, he was in a regular service, as, a driver with the HRTC. Balwant expired on 21.04.2008. 3. Since, the writ petitioner became declared through Annexure A-1, to be the legal heir of his deceased mother Kala Devi, hence, he preferred an application before the respondents concerned, for, seeking his appointment on a compassionate basis. Though, the writ petitioner in quick sequel to the occurrence of demise, in harness, of his mother Kala Devi, applied to the respondents for his being given an appointment on a compassionate basis. However, as disclosed by a letter addressed to the writ petitioner, on 23.8.2015, his afore endeavour became declined. The writ petitioner did not halt his efforts to secure the aspired compassionate appointment, on demise in harness, of his mother, and, proceeded to, to the afore effect make an application, on 22.07.2015, to the respondents/Corporation. However, as disclosed by communication supra, as became addressed to him, his afore request became declined. Consequently, the writ petitioner seeks the making of a mandamus, upon, the respondents, to give him compassionate appointment w.e.f. 1.5.1998, whereat his mother one Kala Devi died in harness. 3A. The purpose of meeting compassionate appointment to the apposite legal heirs, and, as is spelt out in the policy drawn for the afore purpose by the respondents is to alleviate the financial distress, hence, befalling upon the legal heirs, upon, occurrence of demise in harness, of their predecessor-in-interest.
3A. The purpose of meeting compassionate appointment to the apposite legal heirs, and, as is spelt out in the policy drawn for the afore purpose by the respondents is to alleviate the financial distress, hence, befalling upon the legal heirs, upon, occurrence of demise in harness, of their predecessor-in-interest. However, the afore salient purpose, behind the policy, as, drawn, for granting the benefit of compassionate appointment, to the legal heirs, of their apposite predecessor-in-interest, who dies in harness, is, completely, unavailable to the legal heirs concerned, (i) upon, material demonstrating that, in contemporaneity to the occurrence of demise, in harness, of his predecessor-in-interest, he was financially empowered, and, concomitantly was able to mitigate the financial distress as became beset upon him. In the afore context, it is evident from Annexure A-1, Annexure whereof, is, an affirmative order, made on the petitioner's application, seeking grant of succession certificate to him, on the ground of a Will executed, in his favour by his deceased mother, one Kala Devi, that the testatrix bequeathed, vis-à-vis, the writ petitioner all the monetary entitlements, as, arising and appertaining to her gratuity, GPF, ex-gratia and pension. The writ petitioner has not been able to bring on record any material, rather suggestive that the afore succession certificate, as, became granted to him, through an order embodied in Annexure A-1, was never implemented by the respondents. The afore failure on the part of the writ petitioner, facilitates this Court to draw an inference, that substantial sum(s) of monetary benefits, became bestowed upon the petitioner, by the respondents. However, even if, the afore monetary entitlements bestowed, upon, the writ petitioner, were minimal or scanty, and, that they were obviously not sufficient to enable him to cope with the distress which beset upon him, thereupon, the petitioner was required to place on record cogent material, in display that given the monetary encumbrances, upon, him, in a scale higher than monetary entitlements, as, became bestowed upon him, the latter did not hence alleviate the indigency or financial distress, as became beset upon him, in sequel to the occurrence of demise, in harness, of his mother, one Kala Devi. Even the afore material is not on record.
Even the afore material is not on record. Therefore, it appears that the bestowments of monetary entitlements upon the writ petitioner, in pursuance to the making of Annexure A-1, by the respondents, did alleviate and mitigate, all the financial distresses, as, became encumbered upon him, upon, occurrence of demise of his mother. As a corollary, the rejection of his application, for his appointment on a compassionate basis, is clothed with completest validation. 4. Fortifying reasons, for the afore drawn inference is also available from the factum of one Balwant, the father of the writ petitioner rather surviving one Kala Devi, his legally wedded spouse, and, who is also the father of the writ petitioner. Therefore, all the needs, and, necessities of the writ petitioner can be concluded to be, apart from being attended to, by the financial benefits bestowed, upon him, by the respondent in pursuance to the order, borne in Annexure A-1, rather also by his surviving father Balwant, who as aforestated, at the stage supra, was serving as a regular driver in HRTC. Though, the writ petitioner contends, that he has been separated from his father one Balwant. However, apart from Annexure A-4, authored by the vice-President, of, Municipal Council, Mandi, rather no other cogent material has been placed on record by the writ petitioner, suggestive that on account of some validly drawn reason or on account of some well founded inter se acrimony, inter se him and, his father, both were separated, and, that dehors the conferments upon him of monetary entitlements, by the respondents, in pursuance to the order borne in Annexure A-1, he was yet unable to mete the financial liability(ies) as became encumbered, upon, him, and/or, that he was not able to mete his day to day expenses. The want thereof carry an adversarial impact, upon, the petitioner's afore contention. Since, as stated supra the financial distress as befell upon the petitioner, upon, demise of his mother in harness, rather became alleviated. Further since, the writ petitioner could have, on demise in harness of his mother, in the year 1998, and, upto 2015, when his representation became rejected, taken up any employment, and/or government employment other than on a compassionate basis. However, the writ petitioner has not chosen to take any employment through his applying against the regular vacancies, as would have definitely occurred since 1998 till 2015.
However, the writ petitioner has not chosen to take any employment through his applying against the regular vacancies, as would have definitely occurred since 1998 till 2015. He has, however, chosen or strived, for his appointment being made on a compassionate basis, given the occurrence of demise in harness, of his mother, way back in the year 1998. Therefore, the writ petitioner is rearing an allusion for his being given an appointment on a compassionate basis, from the date of occurrence of demise of his mother in harness, way back in the year 1998. Even, when for the reasons supra, he was financially empowered at the afore stage, to mitigate all the financial distresses, as, became encumbered, upon, him, hence his endeavour is beyond the ambit of the salutary purpose behind the policy for appointment on a compassionate basis, and, conspicuously is a highly belated endeavour. 5. For the afore reasons, there is no merit, in the extant petition, and, it is dismissed accordingly. No costs. All pending applications also stand disposed of.