IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Prabhjot Kaur …..Petitioner Versus State of Punjab and others ....Respondents

1. The date when the judgment is reserved 15.01.2026 2. The date when the judgment is pronounced 27.01.2026 3. The date when the judgment is uploaded on 27.01.2026

4. Whether only operative part of the judgment is Full pronounced or full judgment is pronounced

5. The delay, if any, of the pronouncement of full Not applicable judgment, and reasons thereof.

CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Argued by : Mr. K.S. Sidhu, Advocate with Ms. Kirandeep Kaur, Advocate for the petitioner.

Mr. Surya Kumar, A.A.G., Punjab with Mr. Rajiv Kumar Gupta, Director, Department of Transport, Punjab.

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NAMIT KUMAR, J.

1. The petitioner has invoked the writ jurisdiction of this Court by filing the instant petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 25.01.2022 (Annexure P-12), whereby the claim of the petitioner for appointment as Clerk on compassionate ground has been rejected. Further, seeking a writ of mandamus, directing the respondents to appoint the petitioner on Class-III post like Clerk etc. as she is fully eligible under the priority list instructions/notifications dated

21.11.2002, 28.12.2005 & 03.07.2008 (Annexures P-4, P-13 & P-14).

2. The brief facts, as have been pleaded in the present petition, are that the father of the petitioner namely Sh. Rajinder Singh was appointed as Driver in the Punjab Roadways, Chandigarh on 20.03.1999 (Annexure P-1). However, his services were dispensed with, vide order dated 13.01.2000, on the ground that he does not fulfill the condition of experience. The said order was assailed in appeal and vide order dated 18.01.2007 (Annexure P-2), the said appeal was accepted by the Appellate Authority and the father of the petitioner was ordered to be reinstated in service. Thereafter, unfortunately, father of the petitioner died on 08.07.2011 during service, leaving behind minor children and his widow. As there was no other earning member in the family, the whole family was dependant upon the deceased. The mother of the petitioner submitted an application dated 29.07.2011 (Annexure P-5) before respondent No.3, requesting that the case for compassionate appointment be kept pending, as her son and daughter were minors at that time. Thereafter, the petitioner passed his 10+2 examination on 10.08.2016 and completed graduation on 31.12.2020 (Annexures P-7 & P-8 respectively). On completion of her graduation, the petitioner submitted an application dated 09.02.2021 (Annexure P-9) to respondent No.3, seeking compassionate appointment on the ground of death of her father. Thereafter, vide letter dated 30.04.2021 (Annexure P-10), certain documents were sought from the petitioner by the office of respondent No.3, which were submitted by her, in the month of May, 2021. When no appointment order was issued then the petitioner again submitted an application dated 12.05.2021 (Annexure P-11) to the office of respondent No.3. However, the claim of the petitioner for compassionate appointment was rejected by respondent No.3, vide order dated 25.01.2022 (Annexure P-12) on the ground that the case of the petitioner is not covered under the Punjab Government instructions dated 21.11.2002 for employment on compassionate ground as the application for compassionate appointment was not submitted in time. The said order has been impugned by the petitioner in the present petition.

3. Reply by way of an affidavit of Sh. Rajiv Kumar Gupta, Director, State Transport, Punjab has been filed, on behalf of respondents No.1 to 3, wherein it has been stated that the petitioner, after lapse of 09 years and 05 months of the death of her father and after 02 years from completion of her graduation degree had applied for the post of Clerk on compassionate ground on 10.02.2021 in the office of General Manager, Punjab Roadways, Chandigarh. Thereafter, office o