Himani Verma vs State Of Punjab And Ors
2024 Latest Caselaw 8591 P&H

Punjab-Haryana High Court

Himani Verma vs State Of Punjab And Ors on 23 April, 2024

CWP-22653-2018 (O&M)                                          2024:PHHC:055465
                                        Neutral Citation No:=2024:PHHC:055465
                                                                        -1-
                IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

280                                                    CWP-22653-2018 (O&M)
                                                       Date of Decision:23.04.2024
Himani Verma
                                                                       ....Petitioner
                                         Versus

State of Punjab and others
                                                                       ....Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

             ****
Present:     Mr. Vikas Chatrath, Advocate for the petitioner.

             Mr. Charanpreet Singh, AAG, Punjab
             ****
AMAN CHAUDHARY J. (Oral)

1. The prayer in the present petition is for directing the respondents to

consider the claim of the petitioner for compassionate appointment as Clerk or any

other suitable post.

2. Learned counsel submits that the petitioner applied for appointment

on compassionate grounds, after her mother died in harness as an ETT teacher on

11.10.2016, which was rejected only on account of the fact that she being a

married daughter of the deceased, her claim was not sustainable as per Scheme for

compassionate appointments-2002, dated 21.11.2002. 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 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 the 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

1 of 2

CWP-22653-2018 (O&M) 2024:PHHC:055465 Neutral Citation No:=2024:PHHC:055465

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 four 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 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 April 23, 2024 dinesh Whether speaking : Yes/No

Whether reportable : Yes/No

2 of 2