The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nominee, emphasizing social justice.

JUDGMENT :

DEEPINDER SINGH NALWA , J. (Oral)

1. In the present writ petition, petitioner No.1 is praying for direction to the respondents to grant compassionate appointment being wife of Tirath Singh (since deceased), who was employed as Assistant Lineman on regular basis with Punjab State Power Corporation Limited (for short 'Corporation') and also for grant of solatium to petitioners No.2 and 3, being minor daughters of Tirath Singh (since deceased).

2. The brief facts of the case are that the husband of petitioner No.1 i.e. Tirath Singh was working on the post of Assistant Lineman with the respondent Corporation, who had expired on 26.02.2022 while he was in service with the Corporation. Tirath Singh, the husband of petitioner No.1 was earlier married with Baljinder Kaur in the year 2006 and Tirath Singh (since deceased) obtained Panchayati divorce from her in the year 2007. There was no child born from the aforesaid wedlock. Baljinder Kaur contracted second marriage with one Tejinder Pal Singh and is separately residing with him since her marriage. Tirath Singh (since deceased) married petitioner No.1 on 02.02.2009 and was blessed with two daughters i.e. petitioners No.2 and 3. After the death of Tirath Singh on 26.02.2022, petitioner No.1 applied for grant of appointment on compassionate ground and submitted an application dated 02.03.2022 to the competent authority. The case of the petitioner for grant of compassionate appointment was duly considered at various levels. Various affidavits and documents were submitted by petitioner No. 1 with the respondent Corporation. After submission of all the relevant documents, the case of the petitioners was considered for compassionate appointment. The first wife of Tirath Singh (since deceased) also submitted an affidavit to an extent that she will not claim compassionate appointment nor will make any claim in future. The case of the petitioner for grant of appointment on compassionate ground was sent to the Law Officer of the Corporation for opinion. The Law Officer gave his opinion on 06.04.2023 (Annexure P-26) wherein, it was opined that legal Panchayati compromise regarding dissolution of marriage cannot be equated with the decree of divorce passed by the Court of competent jurisdiction and as such, the marriage cannot be dissolved by Panchayti compromise. In view of the abovesaid opinion given by the Law Officer of the Corporation, the petitioner has not been offered appointment on compassionate ground.

3. Aggrieved against the abovesaid action of the respondents Corporation in not appointing petitioner No.1 on compassionate ground, the present writ petition has been filed by the petitioners. It may be mentioned here that during the pendency of the present writ petition, appointment letter was issued to petitioner No.1 offering appointment on compassionate ground vide appointment letter dated 12.09.2023 (Annexure P-27). As per the abovesaid appointment letter, petitioner No.1 was to join at Trans Mandal PSPCL Sirhind. A perusal of the facts of the case would show that despite the fact that the appointment letter was issued to petitioner No. 1, she has not been permitted to join the duty.

4. Learned Senior Counsel appearing on behalf of the petitioners submits that petitioner No.1 was married with late Tirath Singh in the year 2009. Two children were born from the abovesaid wedlock. The petitioners have been residing with late Tirath Singh till he expired. He submits that as per the service record of late Tirath Singh, petitioner No.1 has been declared as a nominee for the purpose of retiral benefits of late Tirath Singh. He further submits that the first wife of late Tirath Singh has already given an affidavit that she will not claim the benefit of compassionate appointment. As the petitioners were dependent upon late Tirath Singh. Therefore, petitioner No.1 is entitled for grant of appointment on compassionate ground.

5. In support of his contentions, learned counsel for the petit