Punjab-Haryana High Court
Deepika Rani vs State Of Punjab And Others on 3 May, 2024
Neutral Citation No:=2024:PHHC:061699
CWP-26146 of 2021 1 2024:PHHC:061699
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
265 CWP-26146 of 2021
Date of Decision:03.05.2024
Deepika Rani
....Petitioner
Versus
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
****
Present: Mr. Jasbir Singh Mohri, Advocate,
for the petitioner.
Mr. Swapan Shorey, DAG, Punjab.
****
AMAN CHAUDHARY J. (Oral)1.
1. The present present petition has been filed under Articles
226/227 of the Constitution of India for issuance of a writ in the nature of
mandamus/certiorari for quashing the impugned orders dated 07.01.2019
and 17.02.2020, Annexures P-5 and P-6 respectively, whereby the claim of
the petitioner seeking employment on compassionate ground has been
rejected and further directing the respondents to provide employment on
compassionate ground on a Class IV post.
2. Learned counsel for the petitioner submits that case of the
petitioner for compassionate appointment was rejected only on the ground
that she being married daughter of the deceased and claim of the petitioner
was not sustainable as per Policy/Instructions dated 21.11.2002, Annexure
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P-3. 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 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 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 six 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
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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
May 03, 2024
dinesh
Whether speaking : Yes/No
Whether reportable : Yes/No
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