Deepika Rani vs State Of Punjab And Others

Punjab-Haryana High Court

Deepika Rani vs State Of Punjab And Others on 3 May, 2024

                                   Neutral Citation No:=2024:PHHC:061699




CWP-26146 of 2021                          1                 2024:PHHC:061699

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


265                                        CWP-26146 of 2021
                                           Date of Decision:03.05.2024
Deepika Rani
                                                                  ....Petitioner
                                    Versus

State of Punjab and others

                                                               .....Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
            ****

Present: Mr. Jasbir Singh Mohri, Advocate, for the petitioner.

Mr. Swapan Shorey, DAG, Punjab.

**** AMAN CHAUDHARY J. (Oral)1.

1. The present present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus/certiorari for quashing the impugned orders dated 07.01.2019 and 17.02.2020, Annexures P-5 and P-6 respectively, whereby the claim of the petitioner seeking employment on compassionate ground has been rejected and further directing the respondents to provide employment on compassionate ground on a Class IV post.

2. Learned counsel for the petitioner submits that case of the petitioner for compassionate appointment was rejected only on the ground that she being married daughter of the deceased and claim of the petitioner was not sustainable as per Policy/Instructions dated 21.11.2002, Annexure 1 of 3 ::: Downloaded on - 09-05-2024 21:05:26 ::: Neutral Citation No:=2024:PHHC:061699 CWP-26146 of 2021 2 2024:PHHC:061699 P-3. This Court in CWP-2218-2017, Amarjit Kaur vs. State of Punjab, decided on 17.01.2020, after taking a holistic view of the object of the policy, declared Clause (c) of Note-I of Scheme for compassionate appointments-2002 as ultra vires of Articles 14 & 15 of the Constitution of India and struck it off, which was upheld by the Division Bench in LPA- 462-2021, vide judgment dated 25.01.2023 and has attained finality upto Hon'ble the Supreme Court wherein SLP No. 9356-2023, challenging the same was dismissed on 18.10.2023. The afore-referred was also followed in Jaspreet Kaur vs. State of Punjab, CWP-24591-2021, decided on 24.07.2023. Pursuant thereto, vide Notification dated 29.01.2024, an amendment has been carried out in Note 1 (c) of para 3 of the said Scheme, wherein the phrase "unmarried daughter" has been substituted with the word "daughter". He submits that the claim of the petitioner be directed to be decided in a time bound manner.

3. Learned State counsel being unable to dispute the above, on instructions submits that the respondents would not be averse to have a relook at the matter.

4. In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to decide the claim of the petitioner, taking into account the afore-mentioned judgments and the amendment carried out, within a period of six months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to her, and if found entitled, grant the 2 of 3 ::: Downloaded on - 09-05-2024 21:05:27 ::: Neutral Citation No:=2024:PHHC:061699 CWP-26146 of 2021 3 2024:PHHC:061699 benefit forthwith. Needless to say, if the orders are adverse to her interest, the same shall contain reasons and the petitioner shall be free to seek legal redress.

                                               (AMAN CHAUDHARY)
                                                    JUDGE
May 03, 2024
dinesh
                   Whether speaking                 :        Yes/No
                   Whether reportable               :        Yes/No




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