Punjab-Haryana High Court
Seema Kumari vs The Chairman Bbmb And Ors on 3 July, 2024
Neutral Citation No:=2024:PHHC:082004
CWP-3509-2022 (O&M) 1
234
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-3509-2022 (O&M)
Date of Decision:03.07.2024
SEEMA KUMARI ......... Petitioner
Versus
THE CHAIRMAN BBMB AND ORS ..... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. R.K.S. Verka, Advocate
for the petitioner.
Mr. Karan Nehra, Advocate
for respondents No.1 to 3.
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JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of letter dated 01.11.2016 (Annexure P-7) whereby her application seeking compassionate appointment has been rejected.
2. The father of the petitioner was working with Bhakra Beas Management Board (for short 'BBMB') as skilled labour and he died on 08.11.2015 in harness. The petitioner filed a representation dated 18.07.2016 (Annexure P-1) seeking appointment on compassionate ground. The respondent vide communication dated 01.11.2016 (Annexure P-7) rejected her claim on the ground that she is a married daughter and cannot claim appointment on compassionate ground.
3. Mr. R.K.S. Verka, Advocate submits that a Division Bench of this Court vide judgment dated 25.01.2023 passed in LPA No.462 of 2021 titled as 'State of Punjab and another Vs. Amarjit Kaur' has 1 of 2 ::: Downloaded on - 21-07-2024 12:26:14 ::: Neutral Citation No:=2024:PHHC:082004 CWP-3509-2022 (O&M) 2 settled the issue. The Court has held that a married daughter is fully entitled to compassionate appointment like an unmarried daughter. A married daughter cannot be denied compassionate appointment on the sole ground that she was married at the time of death of the employee.
4. On being confronted with aforesaid judgment, Mr. Karan Nehra, Advocate expressed his inability to controvert applicability of said judgment to the present case.
5. In the wake of statement of both sides, the present petition stands disposed of with a direction to respondents to consider claim of the petitioner in the light of its policy as well as judgment dated 25.01.2023 passed by this Court in LPA No.462 of 2021.
6. It is made clear that petitioner shall not be required to file fresh application and her claim would be considered as per her application dated 18.07.2016 (Annexure P-1). It is further made clear that petitioner shall not be entitled to any financial benefits till the date of her actual appointment.
7. Pending misc. application(s), if any, shall also stand disposed of.
( JAGMOHAN BANSAL )
JUDGE
03.07.2024
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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