Shri Kuldeep Singh vs State of H.P., The Principal Chief Conservator of Forests (Wildlife) Himachal Pradesh, Shimla-1, District Forest Officer (Wildlife) Kullu, District Kullu, Himachal Pradesh and Sh. Urmesh Singh, Junior Engineer (Forest) Circle Changer, District Builaspur, Himachal Pradesh

Justice Kurian Joseph, C.J.—Appellant was the petitioner in the writ petition. The petitioner approached this Court seeking compassionate appointment as Junior Engineer when he was appointed as Forest Guard on 12.11.1997. The date of death of the bread earner of the family of the petitioner is 16.7.1995. It is the case of the appellant-petitioner that he was only qualified for appointment as Junior Engineer when he was offered appointment as Forest Guard.

The learned Deputy Advocate General has brought to the notice of this Court that the policy available in the matter of compassionate appointment at the time of the appointment of the appellant-petitioner as Forest Guard did not permit appointment of the appellant-petitioner to the technical post. Permitting appointment to technical posts in Education and various other Departments was introduced only in the year 2002. It is also submitted that prior to 2002 no person has been appointed in the Department in any technical posts, on compassionate appointment.

According to the appellant-petitioner, he had only applied for the post of Junior Engineer. However, the same has been subsequently corrected without the knowledge of the appellant-petitioner as Forest Guard. We have seen the record. It appears that the correction was carried out only to help the appellant-petitioner. In case the appellant-petitioner had insisted for appointment as Junior Engineer, he could not have been appointed in the year 1997 to that post. That policy was introduced only in the year 2002. The appellant-petitioner was offered appointment and he accepted the appointment in the post of Forest Guard in the year 1997 only on account of such a correction. Therefore, evidently it has benefited the appellant-petitioner.

Learned counsel for the appellant-petitioner submits that for want of qualified person, there are several vacancies in the Department for the post of Junior Engineer. It is also prayed that the appellant-petitioner may be permitted to make an appropriate representation to the Government in terms of clause-11 of the policy for change of posts.

In case the appellant-petitioner makes a representation for change of post and in case the same is permissible in terms of the policy, it shall be considered by the first respondent and appropriate orders in that regard shall be passed within another three months.

The appeal is disposed of, so also the pending application(s), if any.