TMI Blog1994 (5) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... ntaining a scheme under which the widow of the deceased employee could sponsor the name of any one member of the family for service to any post in any department of the Government. This is subject to the qualifications held by the persons whose names were forwarded for appointment. In accordance with this scheme the widow of the deceased employee was issued an intimation that she could sponsor a name. Accordingly she forwarded the name of her son, Naresh Kumar Bali, the respondent herein. Oh 3.8.88 the mother of the respondent wrote a letter to the second appellant categorically stating that her son was willing to do the job of a Clerk and, therefore, should be appointed to the said post. Pursuant to this letter requisite sanction was obtai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similarly recruited. 3. Your services will be liable to termination without notice, if your work or conduct is unsatisfactory or the post against which you are posted, ceases to exist or some senior man has to be adjusted against it. 4. If you at any stage, desire to resign your post in the Police Department, you will be required to give one month's notice or forfeit in lieu thereof your salary including allowances for one month, or for the period by which the notice falls short of one month. Such that notice will also be given to you by the department, to case it as proposed to terminate your services, for reasons after then these mentioned in paragraphs 1, 2 and 3 above. The department will also be liable to pay your salary incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of Police, Haryana. 4. The respondent in his reply dated 11.1.90 informed the office of the appellant that since he had applied for appointment for the post of a Teacher to the Subordinate Service Selection Board prior to his appointment by the department as a Clerk, commensurate with his qualification, he should be appointed as a Teacher. Therefore, he may be transferred to Education Department. 5. It requires to be mentioned that the respondent's name was not recommended by the Subordinate Service Selection Board since he lacked the requisite qualifications. Then again, he did not reveal at the time of his appointment as a Clerk that he had applied for the post of a Teacher. It was only after a period of one year from the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ower post of Constable, it could not be used as a handle in perpetrating discrimination against him. Thus, the writ petition was allowed and the appellant was directed to appoint the respondent as Inspector of Police within a period of three months. Aggrieved by this the present civil appeal has come to be preferred. 12. It is the contention of the appellants that the ex gratia scheme as set out in Government Instructions in 1970 was strictly complied with by the appellants. In fact, the mother of the respondent was specifically asked about the post to which she wanted her son to be appointed under the scheme on compassionate ground. It was stated so under her letter dated 3.8.88 that her son was willing to join as a Clerk to which post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t did not object to his appointment as a Clerk and his claim for consideration for the post of Teacher was one year after his appointment. Thus, the appointment on compassionate ground as per the scheme had been completed. The claim for appointment as Inspector was never made earlier. The High Court without even analysing the circumstances under which the seven persons mentioned in its judgment came to be appointed as Police Officers (ASI or Inspector), straightaway has chosen to conclude that there was discrimination. We are not in a position to appreciate this line of reasoning. The positive finding ought to have been given whether the case of the respondent was comparable with those of the seven and then a finding of discrimination ought ..... X X X X Extracts X X X X X X X X Extracts X X X X
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