Ashwani Kumar vs State of H.P. and Another

Kurian Joseph, C.J.—The Petitioner approached the erstwhile Tribunal with the following prayers:

(i) That the letter dated 12.6.2006 (Annexure/A-7) issued by the Respondent No. 2 vide which the Respondent No. 2 has informed that the Respondent No. 1 vide his alleged letter dated 29.5.2006 has rejected the claim of the applicant, may kindly be quashed.

(ii) That the Respondents may kindly be directed to consider the case of the applicant afresh as per the policy in the light of the judgment dated 26.5.2006 (Annexure/A-8) passed by the Hon''ble Tribunal in O.A. (D) 536/2002, titled as Chander Shekhar v. State of H.P. and Ors. and to appoint the applicant against the post of Clerk on compassionate grounds w.e.f. 29.5.2006 along with all consequential benefits.

On abolition of the Tribunal, the matter was transferred to this Court thus, the writ petition.

The issue pertains to the claim made by the Petitioner for compassionate appointment. The same was finally rejected on the only ground that the Petitioner had no financial difficulty in view of the emoluments received by the family on account of service rendered by the deceased. It has been clarified by the Tribunal as per Annexure A-8, order in O.A. (D) 536/2002 that such income cannot be counted for the purpose of deciding the financial situation of the family and that is settled position also. Therefore, the matter will be considered afresh in the light of the order Annexure A-8 in O.A. (D) 536 of 2002.

Therefore, this petition is disposed of directing the Respondent to consider the issue afresh and pass fresh orders in the light of Annexure A-8, passed by the Tribunal. This shall be done within a period of one month from the date of production of the copy of the judgment.

Needless to say that Annexure A-7 will be ignored since the same was passed prior to the order of the Tribunal.