Point of Law : Rejection of case of petitioner in terms of communication received from Finance Department was for reason that grant of compassionate appointment to petitioner did not meet the financial/income criteria fixed by Government.

JUDGMENT :

1. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(i) That the impugned order of rejection dated 10.11.2014 which was received by the applicant under RTI in the year 2015 may kindly be quashed and set aside.

(ii) That the respondents may kindly be directed to consider the case of the applicant for compassionate appointment on the post of Clerk for which he is legally entitled.”

2. Brief facts necessary for the adjudication of present petition are as under:-

Father of the petitioner, namely, Shri Khajana Ram, was serving as a Beldar in Arki Division of Himachal Pradesh Public Works Department on regular basis. He died in harness on 17.05.2007. After the death of his father, the petitioner applied for job under the Policy of the Government regarding employment on compassionate grounds. The application was submitted by the petitioner in the year 2008. Initially, the case of the petitioner was rejected by the Government on the ground that the same did not meet the financial income criteria so fixed by the Government in terms of the Department of Personnel’s instructions dated 24.08.2002 and 02.09.2002. This was followed again by a representation made to the authorities by the mother of the petitioner, wherein a request was made to consider her case for appointment on compassionate grounds in the circumstances. Record demonstrates that thereafter the petitioner again applied for appointment on compassionate basis in terms of application A-6, but through the information which was obtained by the petitioner under the Right to Information Act, i.e., Annexure A-7, the petitioner came to know that his application was again rejected and it is in these circumstances that present petition has been filed.

3. In the reply filed to the petition, it stands averred therein that after the death of Shri Khajana Ram, the petitioner applied for job on compassionate grounds in the year 2008 for the post of Clerk. The deceased had left behind four family members, i.e., his wife, two sons and a daughter. The daughter was stated to be married. The annual family income of the applicant/petitioner at the relevant time was found to be Rs.95,122/- in terms of the income certificate issued by the office of Tehsildar on 11.09.2013. Annual income fixed as per Government/Finance Department w.e.f. August, 2013 was Rs.1,25,000/- for a family of four or more dependents with individual income of Rs.31,250/- per annum. In the case of the petitioner, the individual annual income come to Rs.31,707/- and therefore in these circumstances, the family of the deceased Government servant was not found to in indigent condition and this has led to the rejection of the claim of the petitioner.

4. In terms of the last order passed by the Court, the record vide which the case of the petitioner was considered by the Department for grant of compassionate appointment stands produced. Perusal thereof demonstrates that after the death of the father of the deceased, when the petitioner applied for job, then as per the income certificate issued by the Sub-Divisional Magistrate, Arki, dated 19.12.2008, the annual income of the family of the deceased from all sources was shown as Rs.33,800/-. To this, the amount which the family started getting as pension was also added and the annual income of the family thus went to Rs.53,280/-. As per the Notings, the annual income of the family of the deceased was thus found to be within the prescribed limit of Rs.75,000/- per annum, by taking the family of the deceased consisting of three members at the relevant time, i.e., wife and two sons. On these bases, the case was recommended for the approval of the Finance Department. The rejection of the case of the petitioner in terms of the communication received from the Finance Department was for the reason that grant of compassionate appointment to the petitioner did not meet the financial/income criteria fixed by the Government. Thereafter, the ca