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Judgment
Dev Darshan Sud, J.—When this petition was taken up for hearing, Mr. Vikram Thakur, learned Deputy Advocate General submits that the case of the petitioner was rejected for compassionate appointment/assistance, since he does not possess the requisite educational qualification to the post, for which he had applied. We have called for the policy, applicable in case of the petitioner for grant of compassionate appointment/assistance. According to the policy, relaxation can be granted inter-alia:
7) Extent of relaxation and power to make relaxation:- while providing employment on compassionate grounds the following relaxation can be made by the Administrative Department:
(a) Recruitment procedure, i.e. without the agency of Public Service Commission or employment exchange.
(b) If there is ban on filling up the posts, the ban shall be deemed to have been relaxed for the purpose of making compassionate appointments.
(c) The educational qualification for class IV posts will be relaxable in genuine cases with the prior approval of the Cabinet. However, in case of a widow of Govt. servant to be appointed as Class IV employee, the educational qualification can be relaxed by the concerned Administrative Department.
(d) Age relaxation shall not be given by any authority. Genuine cases will be placed before the Cabinet for allowing age relaxation by the Deptt. concerned.
Learned Deputy Advocate General submits that in COPC No. 329 of 2011, there is blanket ban on relaxation for promotion or for regularization either in terms of the age or in terms of the qualification or in terms of the age or eligibility. We find that this direction was issued by the Court and confined to the facts of COPC No. 329 of 2011. In the present case, what we are dealing with is the case for compassionate appointment/assistance, sought on the death of the father of the petitioner, who was working as Peon and died in harness in the year 2005. The petitioner seeks economic succour.
In these circumstances, we direct the respondents to consider the case of the petitioner in terms of Clause 7(c) extracted supra. Needless to say that such consideration will be in the true letter and spirit of the policy for compassionate appointment/assistance. Such decision shall be taken within four weeks from today. Petition stands disposed of. All pending miscellaneous applications also stand disposed of.
Dasti copy.