RSA No.1011 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.1011 of 2008 Date of Decision: 9.9.2008 Sunil Kumar .....Appellant Vs. Dakshin Haryana Bijli VitranNigam Ltd. and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Sanjiv Gupta, Advocate for the appellant. ... RAJIVE BHALLA, J The appellant challenges the judgements and decrees dated 17.11.2005 and 15.5.2007 passed by the Civil Judge (Senior Division), Fatehabad and the Additional District Judge, Fatehabad, respectively dismissing his suit and appeal. The appellant filed a suit for declaration, praying that on account of the demise of his father Sh.Balbir Singh, who was in the service of the respondents, the appellant be appointed under the ex-gratia scheme. It is also prayed that his date of birth wrongly mentioned in the 5th class certificate be corrected from 5.4.1986 to 5.4.1982. The respondents opposed the prayer, on the ground that the application had not been filed within three years, as prescribed by the ex-gratia scheme. It was further submitted that at the time of his father's death, the appellant was a minor RSA No.1011 of 2008 2 and as the certificate submitted as proof of the date of birth was incorrect, the appellant's claim was rejected. After framing issues and appraising the evidence adduced before the Courts below, the trial Court dismissed his suit. The appeal filed by the appellant was also dismissed. Counsel for the appellant submits that as the appellant is an orphan, he was entitled to compassionate appointment in accordance with the ex-gratia scheme. The error in the date of birth certificate should have been rectified and the application should have not been dismissed, on the ground of delay. It is also argued that as the appellant's case is covered by ex-gratia scheme, the Courts below erred in dismissing his suit and the appeal. I have heard learned counsel for the appellant and perused the impugned judgements. Balbir Singh passed away on 5.6.1996. The appellant filed an application through his guardian on 2.2.1999, which was rejected by holding that there was no provision to keep a post reserved for a minor. On 13.10.2000, another application was filed,which was rejected, as being beyond the period of three years, prescribed under the ex-gratia scheme and that the date of birth in the certificate records a wrong date i.e. 5.6.1986 though his mother had passed away on 11.11.1985. The learned Courts below considered these facts and held that as the application was filed after the prescribed period, the appellant was not entitled to employment on compassionate grounds. Even otherwise, no material has been placed on record to suggest that apart from the delay, any circumstances exist as would warrant the appointment on compassionate grounds. As the judgements and decrees do not suffer from any error of RSA No.1011 of 2008 3 jurisdiction or of law and as no substantial question of law arises, the appeal is dismissed. 9.9.2008 (RAJIVE BHALLA) GS JUDGE