WRIT PETITION 801 of 2005 on 22 December 1977

1. Uttaranchal Peyjal Nigam Mohini Road, Dehradun, Through its Managing Director Mohini Road, Dehradun,

2. Dehradun / Pauri Garhwal Dehradun / Pauri Garhwal Chief Engineer (Garhwal)

Uttaranchal Peyjal Nigam,

3.12[[th]]Gopeshwar, District Chamoli 12[[th]]Gopeshwar, District Chamoli Superintending Engineer 12[[th]] Circle, Uttaranchal Peyjal Nigam

4. Executive Engineer 15[[th]] Circle, Uttaranchal Peyjal Nigam Gopeshwar, District Chamoli … Respondents 15[[th]] Circle, Uttaranchal Peyjal Nigam Sri R.P. Nautiyal, learned counsel for the petitioner. Sri Anil Dabral, learned Counsel for the respondents.

Hon’ble B.C. Kandpal, J.

By way of this writ petition, a relief has been sought for issuing the direction in the nature of mandamus commanding the respondents authority to give appointment to the petitioner on any class 4[th] post in the Corporation on compassionate ground.

Brief facts giving rise to this writ petition are that one Jaspal Lal Tamta worked as Class 4[th] employee in the office of Executive Engineer, Uttaranchal Peyjal Nigam, Gopeshwar on regular basis. He died on 22.12.1977 while in service leaving behind his wife Smt. Sudama Devi, elder son Birendra Lal (petitioner) and younger son Dinesh Lal as his legal heirs.

It is stated in the writ petition that at the time of death of Jaspal Lal Tamta his wife was not fit for discharging the services in the Corporation on compassionate ground.

After attaining the majority in the year 1987, the petitioner made several representations to the respondent no. 3 but since at that time class 4[th] post was not vacant, therefore, the respondent no. 3 wrote a letter to respondent no. 2 seeking the approval for appointment on daily wages Labourer in Muster Roll of the Corporation on 13.10.1987.

Respondent no. 3 again passed an order dated 13.03.1989 by which he directed the respondent no. 4 to give the appointment to the petitioner in Muster Roll of the Corporation and thereafter the petitioner was given appointment as daily wages Labourer in Muster Roll of the Corporation upto 30.11.1990. The petitioner was not permitted to work in the corporation thereafter.

The petitioner made several applications for the appointment in the Corporation on the compassionate ground but all in vain.

The writ petition further reveals that respondent no. 2 also wrote a letter dated 01.01.1998 to respondent no. 3 directing him to enquire about the matter and take necessary action for appointment of the petitioner in the Corporation on compassionate ground. The respondent no. 3 wrote a letter to the respondent no. 2 stating therein that Jaspal Lal Tamta died 20 years ago whereas the appointment on compassionate ground can be given only upto 5 years, therefore, without approval of higher authority, it is not possible to give appointment to the petitioner on compassionate ground in the Corporation.

The respondent no. 3 further recommended the case of the petitioner and also requested to respondent no. 2 to give his approval for the appointment of the petitioner on compassionate ground in the Corporation.

It has further been averred in the writ petition, after creation of the State of Uttaranchal, the Uttar Pradesh Jal Nigam has been bifurcated and for the State of Uttaranchal, Uttaranchal Peyjal Nigam has been created. Thereafter, the petitioner has been continuously running from pillar to post for getting the appointment in the Corporation on compassionate ground but nothing is being done by the respondents. Hence, this writ petition.

Heard learned counsel for the parties and perused the record.

Conclusion

It appears from the document annexed alongwith the writ petition that the respondent no. 4 vide letter dated 01.01.1998 informed the respondent no. 3 stating therein that whenever the vacancies exist in the class 4[th] cadre, the case of the petitioner would be considered. The petitioner has also annexed letter dated 24.03.1998 sent by Superintending Engineer to Chief Engineer, Garhwal stating therein that the appointment on the compassionate ground can be made within a period of 5 years but in case if that time expired then it can be made after the recommendation is accorded by the higher authorities. The Superintending Engineer, therefore, requested the higher authorities that the appointment of the petitioner be made under the compassionate ground.

In view of the aforesaid circumstances narrated in the writ petition, I am of the view that the petitioner should approach to the respondent no. 2, 3 and 4 for seeking his appointment under the compassionate ground and the respondents should consider the representation of the petitioner sympathetically and in a positive manner.

However, the petitioner, shall file representation within 15 days alongwith the certified copy of this order before the respondents who shall decide the representation in view of the annexure 6 and 7 of the writ petition within a period of 30 days by passing speaking and reasoned order.

With these observations, the writ petition is finally disposed of.

23[rd ]June, 2005 Shiv

(B.C. Kandpal, J.)