JUDGMENT :

[Jyotsna Rewal Dua, J.]

1. Petitioner was employed on compassionate basis as daily wage Beldar on 7.3.2006. He was regularized as such on 6.9.2013. On 7.8.2015, respondent No.2 in purported compliance to an order passed by the Administrative Tribunal ordered for retrospective compassionate appointment of petitioner as Clerk (daily wage) w.e.f. 7.3.2006 and on regular basis w.e.f. 7.9.2013. Petitioner started working as Clerk. The order dated 7.8.2015 was withdrawn by the respondents on 8.6.2016. The operation of order dated 8.6.2016 was stayed in this case on 1.7.2016. Petitioner who continues to serve as clerk has assailed order dated 8.6.2016 and has further prayed to allow him to continue to serve as clerk.

2. The facts are not in dispute:-

2(i) Petitioner’s father was appointed as Pipe Fitter Grade-I with the respondent-department on 20.12.1990. He died in harness on 16.07.2000. The petitioner became a matriculate in the year 2003. He obtained 10+2 qualification in the year 2005.

2(ii) After attaining the age of majority, the petitioner applied for compassionate appointment to the post of clerk on 21.07.2004 (Annexure A-1). His case was recommended by respondent No.2 to