Seema Kumari vs The Chairman Bbmb And Ors
2024 Latest Caselaw 10759 P&H

Punjab-Haryana High Court

Seema Kumari vs The Chairman Bbmb And Ors on 3 July, 2024

                                Neutral Citation No:=2024:PHHC:082004




CWP-3509-2022 (O&M)                     1

234
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        CWP-3509-2022 (O&M)
                                        Date of Decision:03.07.2024

SEEMA KUMARI                                              ......... Petitioner

                                    Versus

THE CHAIRMAN BBMB AND ORS                                 ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   Mr. R.K.S. Verka, Advocate
            for the petitioner.

            Mr. Karan Nehra, Advocate
            for respondents No.1 to 3.

                   ****

JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Articles

226/227 of the Constitution of India is seeking setting aside of letter

dated 01.11.2016 (Annexure P-7) whereby her application seeking

compassionate appointment has been rejected.

2. The father of the petitioner was working with Bhakra Beas

Management Board (for short 'BBMB') as skilled labour and he died on

08.11.2015 in harness. The petitioner filed a representation dated

18.07.2016 (Annexure P-1) seeking appointment on compassionate

ground. The respondent vide communication dated 01.11.2016

(Annexure P-7) rejected her claim on the ground that she is a married

daughter and cannot claim appointment on compassionate ground.

3. Mr. R.K.S. Verka, Advocate submits that a Division Bench

of this Court vide judgment dated 25.01.2023 passed in LPA No.462 of

2021 titled as 'State of Punjab and another Vs. Amarjit Kaur' has

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Neutral Citation No:=2024:PHHC:082004

settled the issue. The Court has held that a married daughter is fully

entitled to compassionate appointment like an unmarried daughter. A

married daughter cannot be denied compassionate appointment on the

sole ground that she was married at the time of death of the employee.

4. On being confronted with aforesaid judgment, Mr. Karan

Nehra, Advocate expressed his inability to controvert applicability of said

judgment to the present case.

5. In the wake of statement of both sides, the present petition

stands disposed of with a direction to respondents to consider claim of the

petitioner in the light of its policy as well as judgment dated 25.01.2023

passed by this Court in LPA No.462 of 2021.

6. It is made clear that petitioner shall not be required to file

fresh application and her claim would be considered as per her

application dated 18.07.2016 (Annexure P-1). It is further made clear that

petitioner shall not be entitled to any financial benefits till the date of her

actual appointment.

7. Pending misc. application(s), if any, shall also stand

disposed of.

                                                 ( JAGMOHAN BANSAL )
                                                        JUDGE
03.07.2024
Ali
                     Whether speaking/reasoned    Yes/No

                        Whether Reportable        Yes/No




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