Major Parminder Pal Singh (Retd) And ... vs State Of Punjab And Others
2024 Latest Caselaw 7680 P&H

Punjab-Haryana High Court

Major Parminder Pal Singh (Retd) And ... vs State Of Punjab And Others on 10 April, 2024

                                     Neutral Citation No:=2024:PHHC:048985




                               2024:PHHC:048985
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

125                                      CWP-8165-2024 (O&M)
                                         Date of decision: 10.04.2024

Major Parminder Pal Singh (Retd) and another                   ..Petitioners

                                       Versus

State of Punjab and others                                     ..Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:
       Mr. Rajiv Atma Ram, Sr. Advocate with
       Mr. Amaninder Singh, Advocate
       for the petitioners.
       ***
AMAN CHAUDHARY, J (Oral)

1. The present petition has been filed for directing the respondents to appoint petitioner No.2 son of petitioner No.1 as PCS (Ex.) or any other Class-I post.

2. Learned Senior counsel would contend that petitioner No.2 was entitled to be considered for appointment to PCS (Executive Branch) or any other class-I post in view of the supreme sacrifice of his father-petitioner No.1 who laid his youth in devotion to duty for the nation in 1990 while serving as Commissioned Officer in Operation Meghdoot (Siachen Glacier) under the Indian Army and was declared a War Disabled War Hero. This benefit has been granted to similarly situated dependents of War Hero as mentioned at para 15 of the petition, who have been appointed to Class-I and Class-II posts, in terms of Instructions dated 24.09.1999 (Annexure P9). One, Sarabjeet Singh Sidhu had also claimed appointment for his grandson by filing CWP-15460-2016 seeking parity with the police martyr's, which was also allowed vide judgment dated 20.12.2023 (Annexure P13). Representations have been submitted by the petitioners on 30.11.2022 and 22.12.2022 (Annexures P7 and P8) which have yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioners are sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting them an opportunity of hearing.

3. Notice of motion.

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                                      Neutral Citation No:=2024:PHHC:048985


CWP-8165-2024 (O&M)                                              -2-

4. At the asking of the Court, Mr. Satnam Preet Singh, DAG, Punjab, accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5. 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 representation dated 22.12.2022, Annexure P8, taking into account the pleas raised by the petitioners therein and averments made in para 15 of the present petition as also the aforesaid judgment (Annexure P13), within a period of 3 months and if found entitled, necessary benefit be granted to them forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating them therewith.

                                               ( AMAN CHAUDHARY )
10.04.2024                                          JUDGE
ashok
             Whether speaking/reasoned :       Yes/No
             Whether reportable :              Yes/No




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