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1990 Supreme(SC) 337

SUPREME COURT OF INDIA
Ranganath Misra, M.M. Punchhi and S.C. Agrawal, JJ.
Smt. Kamala Gaind
Versus
State of Punjab and others
Civil Appeal No. 3311 of 1990 (Arising from S.L.P. No. 251 7 of 1990) Decided on 12.7.1990

Unjustified discrimination in job provision to the dependents of public servants killed by terrorists is not justified.

Headnote:

Discrimination - Public Service - Job Discrimination

Fact of the Case:

Appellant's husband, a public officer, was killed by terrorists while on duty. The government offered a Class II State Service job to the appellant's son, while in similar situations, dependents of public servants killed by terrorists were given Class I posts. The respondents failed to justify this discrimination.

Finding of the Court:

The court found that there was unjustified discrimination in providing job opportunities to the dependents of public servants killed by terrorists. It directed the government to provide a suitable Class I post to the appellant's son within three months.

Issues: Discrimination in job provision to dependents of public servants killed by terrorists.

Ratio Decidendi: The court held that unless there is a valid basis, discriminatingly extending treatment to the dependents of public servants killed by terrorists is not justified.

Final Decision: The court directed the government to provide a suitable Class I post in P.C.S. Executive to the appellant's son within three months.

ORDER

1. Special leave granted

2. We have heard counsel for the parties. Appellants husband was working as an Additional District Judge in Punjab Judicial Service and was holding charge of a Designated Court when he was gunned down by the terrorists on September, 1,1986. It appeals that taking into consideration the circumstances. in which public officers engaged on duty are killed by the terrorists, government nave framed a scheme for providing job to one of the members of the family so affected. Appellants son, a graduate (by now a Law Graduate) was offered Class II State Service on the. executive side while in similar situations dependents of public servants killed by terrorists have been given Class I post. Two instances have been cited, are being, the case of an Executive Officer and the other of a Judicial Officer. In both the cases Class I jobs have been provided. Respondents have failed to indicate any justification for such discrimination. Even if it is compassion, unless there be some basis there is no justification, for discriminatingly extending the treatment. We, therefore, direct that within three months from now a suitable Class I post in P.C.S. Executive shall be provided to the appellants son in lieu of the offer already made.

3.The appeal is disposed of accordingly. No costs. Appeal disposed of.

For Citation : 1992 (5) Serv. LR 864 (SC).

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