CWP(T) No. 11926 of 2008 18.11.2011 Present: Mr. Neel Kamal Sharma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Vinod Thakur, Dy. A.G. for respondents. Annexure R-1 is the letter issued by the Government to the director of Agriculture, rejecting the petitioner’s request for employment apparently the reason being that petitioner did not satisfy his indigent circumstances. Annexure A-8 is the communication dated 3.7.2004 addressed to the petitioner conveying the rejection of his application for appointment as a Clerk on compassionate basis. 2. To say the least the orders passed are non speaking and are liable to be set aside on this ground alone. 3. In the affidavit filed by the State it is clarified that pensionary/retiral benefits of the deceased employee, predecessor in interest and father of the petitioner, were taken into account while taking such decision. It is a settled position of law that retiral benefits of a deceased employee are not to be taken into account while considering the financial position/status of the applicant. As such, Annexures R-1 and A-8 are quashed with a direction to the respondents to consider the petitioner’s case afresh, in accordance with law. Necessary decision in that regard shall be taken within a -2- period of three months from date of receipt of certified copy of the judgment. Petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Sanjay Karol), Judge. November 18, 2011 (PK)