Neelam Kumari vs State Of Punjab And Anr
2024 Latest Caselaw 4692 P&H

Punjab-Haryana High Court

Neelam Kumari vs State Of Punjab And Anr on 1 March, 2024

                                                          Neutral Citation No:=2024:PHHC:029781




                                            2024:PHHC:029781
             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
217
                                                       CWP-26044-2017 (O&M)
                                                       Date of decision: 01.03.2024

Neelam Kumari
                                                                            ....Petitioner
                                 Versus

State of Punjab and Another
                                                                         ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                   *****

Present : Mr. B.S. Sodhi, Advocate for the petitioner

Mr. Charanpreet Singh, AAG Punjab ***** AMAN CHAUDHARY. J.

1. The present Civil Writ Petition has been filed under Articles 226/227

of the Constitution of India for issuance of a writ in the nature of certiorari for

quashing of impugned order dated 11.08.2017 vide which the respondents have

declined the genuine claim of the petitioner to consider her case for compassionate

appointment.

2. Learned counsel would contend that the husband of the petitioner had

been engaged and worked as such from 1990 till 2014 on daily wages i.e. 26 days

in a month and has rendered 312 days a year as per the muster roll, whereafter, he

unfortunately passed away due to heart attack, while on duty on 20.03.2014, when

his name in the tentative seniority list was at Serial No.205 and Serial No.231 in the

final seniority list dated 18.11.2004. He further submits that the claim of a similarly

situated widow of an employee-Dalip Kaur was decided in her favour by this Court

in CWP-21694-2013, decided on 26.02.2015, Annexure P-6. His prayer is that the

simpliciter directions to respondents to decide his claim by keeping in view the

aforesaid judgment in a time bound manner by granting her an opportunity of

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hearing.

3. Learned State counsel has no objection to the limited prayer made.

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 respondents to

consider and decide the claim of the petitioner, taking note of the judgment

referred to within a period of 6 months and if found entitled, necessary benefits be

granted to the petitioner forthwith. However, in the eventuality of the relief being

denied, a speaking order be passed, after associating her therewith.

                                                  (AMAN CHAUDHARY)
                                                        JUDGE
01.03.2024
M.Kamra

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




                                                         Neutral Citation No:=2024:PHHC:029781

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