C.W.P. No.851 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.851 of 2011 DATE OF DECISION : 27.4.2011 Jasvinder Singh PETITIONER VERSUS State of Haryana and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri Johan Kumar, Advocate for the petitioner. MAHESH GROVER, J. The petitioner was appointed as a Peon in the year 2004 on compassionate ground under the Ex gratia scheme. He accepted the job and served as such. Later on, he made some representations urging the respondents to employ him on a post one step lower than the rank of his deceased father, but the respondents did not do so. The case of the petitioner is that the unit was disbanded in the year 2005 and the petitioner was once again rendered without job in the eventuality of no post existing. He made representations to accommodate him by giving him some other assignment which was accepted and the petitioner was offered the job of a Cook in the year 2006. The petitioner has now filed the instant petition that he should be C.W.P. No.851 of 2011 -2- appointed on a post one step lower than what was held by his deceased father and has also prayed that the assignment of Cook awarded to him be upgraded to the desired post. He has also prayed for setting aside the order dated 16.3.2010 vide which his representation/legal notice has been declined on the premise that since the petitioner was appointed as a Cook under the Ex gratia scheme and in view of the specific instructions of the State Government which contemplate that once an appointment has been offered to the dependent of a deceased government employee, no request for change of the post shall be entertained with respect to any other post or department under any circumstances. These instructions further state that in case the offer is not accepted by the dependent, no further claim is required to be entertained. On due consideration of the matter, I am of the opinion that the petition is misconceived. The petitioner was offered the job of Peon in 2004 which he accepted. Even if he had made representations for upgrading this post, yet the petitioner chose not to take recourse to any legal remedy. Thereafter the unit was disbanded in the year 2005. The petitioner was then adjusted on his request as a Cook in the year 2006. He has continued to work as a Cook since then. The claim which has been raised by him is thus belated. Even the order impugned herein was passed in March, 2010. On all the counts, the petitioner does not have any justifiable grievance which can be answered in the petition. No grounds. Dismissed. (MAHESH GROVER) April 27, 2011 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO