Dalip Singh vs State Of Haryana And Others on 16 October, 2020
It is the claim of the petitioner that the father of the petitioner
namely Shri Arjun Singh was employed with respondent no.3 and was
working on the post of Lineman at Sub Divn. Budoli District Rewari.
However, unfortunately, his father, on account of illness had suffered
disability to the extent of 85% and on account of this incapacity, the
respondents gave retirement to his father on medical ground on
20.03.2003. Thereafter, the petitioner had made an application to the
respondents to provide employment on compassionate ground in place of
his father. However, the claim of the petitioner was not considered. He had
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approached this Court by filing CWP No. 4431 of 2005 and the said writ
petition was disposed of with a direction to the respondents to decide the
representation dated 24.4.2004. The said representation was considered and
was disposed of on 13.05.2005, wherein it was observed that there was no
provision in the Haryana Compassionate Assistance to the Dependents of
Deceased Employee Rule, 2003 to provide compassionate appointment to
the dependent of disabled employee. However, the respondents had not
considered the claim of the petitioner for the compassionate appointment,
in terms of the judgment passed by the Division Bench of this Court in
CWP No. 14398 of 2005, titled as Sawroop Chand vs. State of Haryana
and ors. , decided on 21.1.2016 as well as in the light of the circular dated
23.11.1992, which is relevant to the case of the petitioner. Also it is the
case of the petitioner that the said circular was subsequently withdrawn vide
circular dated 20.03.2006. However, the aforesaid withdrawn circular dated
23.11.1992 was applicable to the case of the petitioner as his father had
retired on 19.05.2003 i.e. before the aforesaid circular was withdrawn
subsequently vide circular dated 20.03.2006.