TaxTMI 
TaxTMI 
1994 (5) TMI 272
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....e instructions issued by the appellant dated 22.12.1970 containing 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 ....
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...., clear that no offer of permanent appointment can be made to you to present and this respect, you will have to take your chance like others, who are 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 prop....
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....ter getting your appointment order by 21.2.1989 your name will be removed from the approved list of candidates. Superintendent-in-Charge, For Director General & Inspect General 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 requ....
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....ral instances where appointments had been made on compassionate grounds. It took the view, the mere fact that the mother of the respondent was praying for the employment of her son even at a lower 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....
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....plied for the post of a Teacher the Subordinate Service Selection Board had not chosen him for the post of a Teacher because he did not have the requisite qualification. In fact, the respondent 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 appre....