Punjab-Haryana High Court
Gursewak Singh And Another vs State Of Punjab And Others on 1 March, 2024
Neutral Citation No:=2024:PHHC:029616
2024:PHHC:029616
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
227
CWP-28200-2018 (O&M)
Date of decision: 01.03.2024
Gursewak Singh and Another
....Petitioners
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Ms. Manveer Kaur, Advocate for
Mr. J.S. Bhandohal, Advocate for the petitioners
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 mandamus
directing respondent Nos.1 to 3 to grant employment to petitioner No.1 on
compassionate grounds in place of his father Surinder Singh, Junior Assistant.
2. Learned counsel submits that the petitioners are the son and wife of
Surinder Singh, who was found by the Medical Board of PGIMER to be unfit to
carry out his duties vide certificate dated 16.10.2015, Annexure P-1, on account of
mental ailment. The said employee had rendered 31 years of unblemished service,
was due to retire in the year 2024 and prematurely retired on 30.04.2018 on
account of illness. The petitioners had claimed for their consideration on the basis
of policy dated 30.04.2013 of the Government granting employment to the
dependents of mentally disabled employees, for which representations, followed
by a legal notice dated 02.03.2018, Annexure P-5 were submitted. He also places
reliance on the judgment passed by this Court in Smt. Roshni Devi vs. Haryana
Vidyut Prasar Nigam in CWP-5436-2009, decided on 06.03.2012. The relevant
1 of 2
Neutral Citation No:=2024:PHHC:029616
portion thereof reads thus:
"The copy of this judgment is directed to be circulated to
the Central Ministry of Social Justice & Empowerment as well
as to the and State Co-ordination Committee constituted under
the 1995 Act for them to issue appropriate guidelines to the
Departments of Labour, Human Resources Development and
the State Agencies dealing with empowerment of persons with
disabilities that no employer shall terminate the services of an
employee who has become mentally ill during the service,
without due consideration of suitability of the employee to any
other post and without properly counselling the employee
about his rights. It is also further directed that wherever
compassionate assistance scheme exists that contains provision
for giving employment to any dependent to such employee, the
employer shall counsel the dependent for appropriate
application in that regard and ajdust such dependent for
suitable employment."
3. Learned counsel thus, at this stage, on instructions, submits that the
petitioners are sanguine of their case being re-considered in a positive manner in
view of the aforesaid judgment, 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.
4. Learned State counsel 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 respondents to
consider and decide the claim of the petitioners within 6 months, taking note of
the legal notice dated 02.03.2018, Annexure P-5 as also the judgment referred to
above and if found entitled, necessary benefits be granted to the petitioners
forthwith. However, in the eventuality of the relief being denied, a speaking order
be passed, after associating them therewith.
(AMAN CHAUDHARY)
JUDGE
01.03.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2024:PHHC:029616
2 of 2
