Sunita Rani vs State Of Punjab And Others
2024 Latest Caselaw 8740 P&H

Punjab-Haryana High Court

Sunita Rani vs State Of Punjab And Others on 24 April, 2024

                                       Neutral Citation No:=2024:PHHC:056837
CWP-14375-2019 (O&M)                                         2024:PHHC:056837
                                                                         -1-
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

241                                                   CWP-14375-2019 (O&M)
                                                      Date of Decision: 24.04.2024

Sunita Rani
                                                                         ...Petitioner

                                         Versus

State of Punjab and others
                                                                       ...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                         *****
Present:-     Mr.J.S.Grewal, Advocate for the petitioner.

              Mr.Arun Gupta, DAG, Punjab
                          *****
AMAN CHAUDHARY, J. (Oral)

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

take appropriate action on the representation dated 22.12.2016 (Annexure P-3) and

03.04.2019 (Annexure P-4) given by the petitioner to respondent No.3 for seeking

compassionate appointment.

2. Learned counsel submits that post the death of her mother

Premeshewari Devi in the year 2016, who worked as Sweeper on regular basis, the

petitioner applied for appointment on compassionate grounds, which was rejected

only on account that she was a married daughter of the deceased. 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 the SLP No. 9356-2023, challenging the

same was dismissed on 18.10.2023. The afore-referred was also followed in

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Neutral Citation No:=2024:PHHC:056837 CWP-14375-2019 (O&M) 2024:PHHC:056837

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 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)
April 24, 2024                                              JUDGE
Raman

      Whether speaking/reasoned          :     Yes/No
      Whether reportable                 :     Yes/No




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