CWP(T) No. 5049 /2008 12.5.2010 Present: None for the petitioner. Mr. R.M. Bist, Deputy Advocate General with Mr. P.M. Negi, Deputy Advocate General for the respondents. The petitioner has prayed for the following reliefs:- ”(A) That the respondents may kindly be ordered to be directed to give employment to the applicant on compassionate grounds for which he is legally entitled in the interest of justice. (B) That the respondents may be burdened with the cost of this Original Application. (C) Any other or further orders/directions as this Hon’ble Tribunal may deem just and proper in the light of the facts and circumstances of the case may also kindly be passed in favour of the applicant and against the respondents in the ends of justice. 2. In the reply, respondents have taken the following stand:- “In this connection, it is submitted that it is true that the father of the applicant ( Sh. Moti Ram) was working with this Department as work charge Pipe Line man w.e.f. 19.3.1981. While in service Sh. Moti Ram Work Charge Pipe Line man died on 26.2.1982 at Referral Hospital, Rampur. After his death, Sh. Subhash Chand elder son of the deceased employee applied for employment in the department on compassionate grounds vide his application dated Nil as per Annexure-RA attached. Accordingly, Sh. Subhash Chand was appointed as Clerk vide Superintending Engineer I&PH-E-9/86- 823-25 dated 22.4.1989 as per Annexur-RB attached. Sh. Subhash Chand had also given his consent vide his letter No. Personal/89-90 dated 3.5.89 to accept the offer and to join his duty along with concerned documents before 22.5.89 as per Annexure-RC attached. But he did not join his duty in I&PH Circle Reckong Peo due to the reasons best known to him. But instead of joining of duty by Sh. Subhash Chand, he represented for giving employment to his younger brother Sh. Surjeet Kumar on compassionate grounds after a lapse of 6 years as he had already joined in Indian Army. Since, Sh. Subhash Chand is himself serving in Indian Nevy, as such employment can not be given to the IIn and 3rd member of the family as per provision contained in Rule 17.1.9 of Hand Book on personnel matters Vol. I ( IInd Addition) and is evident from the decision of the Engineer-in-Chief I &PH Department,Shimla as conveyed vide his letter No. 843-45 dated 8.7.96 as per Annexure-RD annexed (English Translation RD/1). Therefore, this application deserves to be dismissed on this short ground only.” 3. There is no rejoinder filed by the petitioner. None has also entered appearance on his behalf. On 11.5.2010, the matter was called out on several occasions when also none appeared on behalf of the petitioner and in the interest of justice, the matter was adjourned for today. Even today none has appeared for the petitioner. 4. The petitioner’s elder brother Sh. Subhash Chand was offered employment which was turned down by him. He chose to join the Army rather than accept the offer of employment made by the State. The object of giving compassionate appointment today stands achieved. 5. No legally enforceable right of the petitioner stands violated hence, the present petition is dismissed. (Sanjay Karol), Judge. May 12 ,2010(R)