Citation : 2022 Latest Caselaw 2294 P&H
Judgement Date : 30 March, 2022
In the High Court of Punjab and Haryana at Chandigarh
251 CWP-4184-2022 (O & M)
Date of Decision: March 30, 2022
LALITA PANDEY .....PETITIONER
VERSUS
STATE OF PUNJAB AND ANOTHER ....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present: Ms.Vibha Nagar, Advocate for
Mr. D.S.Saini, Advocate the petitioner.
Mr. C.L. Pawar, Sr. DAG, Punjab for respondent No.1.
Mr. Vijay Kumar Kaushal, Advocate for respondent No.2.
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ANUPINDER SINGH GREWAL, J (ORAL)
Learned counsel for the petitioner contends that the application of
the petitioner for appointment on compassionate grounds has been erroneously
rejected on the ground that the petitioner is married daughter of the deceased
even though a married son would be entitled to compassionate appointment and
the respondents, therefore, cannot discriminate on the basis of gender which
would be in violation of Article 14, 15 and 16 of the Constitution of India. She
has relied upon the judgment of the Supreme Court in the case of
Bhuvaneshwari V. Purani Vs. State of Karnataka (2021) 1 AKR 444 (AIR
Online 2020 Kar 2303) and the judgment of the coordinate Bench of this
Court in the case of Amarjit Kaur Vs. State of Punjab and another, CWP
No.2218 of 2017, decided on 17.01.2020. She further submits that the
petitioner has sent a legal notice dated 23.10.2021 (Annexure P-4) to
respondent No.2 in this regard and would be satisfied if this petition is
disposed of with a direction to respondent No.2 to decide the legal notice in the
light of the aforenoted judgments.
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CWP-4184-2022 (O & M) -2-
The petition is disposed of with a direction to respondent No.2 to
consider the legal notice (Annexure P-4) in the light of the afore-noted
judgments and other relevant material and take a decision in accordance with
law within a period of three months from the date of receipt of certified copy of
this order.
(ANUPINDER SINGH GREWAL)
JUDGE
March 30, 2022
A.Kaundal
Whether speaking/ reasoned : Yes/No
Whether Reportable : Yes/No
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