Judgment

Mr. Arun Monga, J.

Petitioner herein, inter alia, seeks issuance of a writ in the nature of Certiorari for quashing the impugned order dated 08.08.2019 (Annexure P-19), whereby, claim of the petitioner for granting compassionate appointment on account of his missing father (considered to be dead in 2005 as per rules), has been declined and only a compensation of Rs.2.50 lakh has been granted.

2. Brief facts first. Father of the petitioner, namely Sh. Mahabir Singh was working as conductor in the Haryana Roadways Rohtak depot. Sh. Mahabir Singh remained absent from the duty with effect from 25.09.1997. Many letters were issued to him to join his duties, but he did not turn up. Finally, vide order dated 21.10.1997 he was suspended from the duty. An Enquiry Officer was appointed and charge- sheet was issued to Sh. Mahabir Singh at his home address through registered post. However, the same was returned with the endorsement that he was out of his native village. Subsequently, Sh. Mahabir Singh was reinstated into service vide an order dated 10.03.1998 but on the same very day, he did not return back having left home to join his duty. The petitioner then lodged a report with the police station Sadar Dadri to this effect vide rapat No.7 dated 24.08.1998 (Annexure P-1).

3. However, father of petitioner remained missing and untraceable seeking recourse to the HARYANA COMPASSIONATE ASSISTANCE TO THE DEPENDENTS OF DECEASED GOVERNMENT EMPLOYEES RULES 2003, which came into existence w.e.f. 28.02.2003. The Rule 3 (i) defines the missing Government Employee which is as under:-

“missing Government employee” means a person who is in Government service and not traceable for the last seven years and whose where about are not known; and

(a) an FIR to this effect has been lodged with the police; and

(b) the “appointing authority” feels that the case is genuine;

Further Rule-11 describes about the ex-gratia appointment in case of missing employee which is reproduced as under: -

Ex-gratia Appointment in case of missing Govt. employee:- The cases of missing Government employee are covered under these rules for appointment, subject to the following conditions:-

(a) The benefit of appointment with regard to missing Government employee shall be granted only after a lapse of seven years from the date from which the Government Employee is missing and a FIR has been lodged to this effect.

(b) This benefit will not be available in the case of a Government Employee;

(i) who had put in such years of service as entitle him/ her family to draw pensionary benefits of the age of 55 years whichever is earlier on the date from which he has been missing; or

(ii) who is suspected to have committed fraud, or suspect to have joined any terrorist organization or suspected to have gone abroad.

Rule-9 of the above said rules describes about determination/ availability of costs:

9. Determination/ availability of posts:-

(a) Appointments under these rules shall be made only on regular basis and that too only, if regular posts meant for that purpose are available.

(b) Appointments under these rules can b e made up to a maximum of 5% of sanctioned posts (falling under direct recruitment quota) in Group C and D categories to be determined by the Head of the department on 31st of March of each year. The appointing authority may hold back upto 5% of posts in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise so as to fill such posts by appointment on compassionate grounds.”

4. In the return, stand taken inter alia is that the father of the petitioner is since missing from 10.03.1998 and