16 . Now, the question arise, as to whether Smt. Kanta wife of the workman is entitled to be appointed on compassionate ground. Admittedly, the workman joined the management in My, 1983, as beldar on muster roll. He continued to serve the department for a period of 12 years and from July, 1995, he stopped reporting for duties because of ill health. As per the policy of the management, the services of the present workman would have been regularized as beldar in November, 1990, if he was found medically fit, even though, he did not get himself medically examined, but as has come in the evidence of MW1 that he continued top work as beldar on daily wage muster roll upto July, 1995, so, even though, he was not technically regularized in the proper pay scale of beldar because of ill health, but taking humanitarian approach in the present case, he should be deemed to have been regularized against the post of beldar. Admittedly, at present, he is medically unfit to perform the duties, so it can be deemed that he being medically unfitted, so his wife can be allowed to be appointed on compassionate grounds. It is so necessary because she has only to look after her children but has also to help her ailing husband. In the above facts and circumstances of the case, I am of the considered opinion that it is a fit case, where a direction should be issued to the management to appoint Smt. Kanta on compassionate ground in the vacancy of her husband Sh. Roop Chand.
