JUDGMENT :

NAMIT KUMAR, J. 

1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, seeking a writ of certiorari, quashing of order dated 28.05.2025 (Annexure P-14), whereby the claim of the petitioner for appointment on compassionate ground has been rejected. Further, seeking a writ of mandamus, directing the respondents to appoint the petitioner on compassionate ground on a suitable post, commensurate with his qualification.

2. Brief facts, as have been pleaded in the petition, are that the father of the petitioner namely Sh. Kirpal Singh joined the Punjab Police as Constable in the year 1986. Unfortunately, he passed away on 25.06.1999 while being in service, thereby leaving behind his family in financial crises. At that time, the age of the petitioner was only 1½ years and the petitioner’s sister was 6 years old. It is further pleaded that the petitioner attained the age of majority i.e. 18 years on 31.08.2015 and acquired the qualification of 10+2 in the year 2016. Thereafter, the mother of the petitioner made a representation dated 02.06.2016 (Annexure P-1) to respondent No.4-Senior Superintendent of Police, Bathinda seeking appointment of her son in the State service on compassionate ground. Respondent No.3-Director General of Police, Punjab, upon consideration, vide its memos dated 21.02.2017 & 15.06.2017 (Annexures P-2 & P-3) recommended to the Additional Chief Secretary, Home Affairs Department, Punjab that approval be granted for appointing the petitioner on compassionate ground. However, inspite of the recommendations made by respondent No.3, no action was taken. In the meanwhile, the petitioner completed graduation and the mother of the petitioner, who was working in the office of the District Welfare Office, Bathinda, also retired from service on attaining the age of superannuation on 31.08.2018. Thereafter, mother of the petitioner again made representation dated 08.06.2019 (Annexure P-5) to respondent No.3 and dated 12.11.2020 to respondent No.4 submitting therein that since she has retired from service and there is no earning member in the family, therefore, her son be given appointment on compassionate ground as his father had expired on duty while in service. When nothing was done by the respondents on various representations submitted by her, the petitioner served a justice demand notice dated 10.08.2021 (Annexure P-9) to the respondents, through his counsel, seeking appointment on compassionate ground in view of the instructions issued by the State of Punjab from time to time. Thereafter, respondent No.4-Senior Superintendent of Police, Bathinda, vide memo dated 10.11.2021 (Annexure P-11), intimated the counsel of the petitioner that the case of the petitioner has already been considered and filed by the Government of Punjab, Home Affairs and Justice Department, vide memo dated 19.02.2020 (Annexure P-12) as the petitioner is not entitled to any relief since his mother was in service at the time of death of his father. Feeling aggrieved, the petitioner approached this Court by filing CWP No.26447 of 2021 (Akashdeep Singh Vs. The State of Punjab and others) for quashing the abovesaid memos dated 10.11.2021 & 19.02.2020 (Annexures P-11 & P-12). The said writ petition was disposed of by this Court, vide order dated 27.02.2025 (Annexure P-13), on the statement given by the learned State counsel that in view of the Clause 11(a) of the Instructions dated 10.07.2005/18.07.2005, the respondents would have a re-look in the matter and decide afresh, within a period of four months. In pursuant to the said order, respondent No.2, passed the impugned order dated 28.05.2025 (Annexure P-14), rejecting the claim of the petitioner on the ground that since the mother of the petitioner was in government service and is drawing the family pension of the deceased-father of the petitioner, after retirement, therefore, the petitioner is not entitled for compassionate