IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

263-2 CWP-2965-2025 (O&M)

Date of decision: 28.08.2025 Kiranpreet Joshi and others ....Petitioners Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Harpinder Kaur Sandhu, Advocate for the petitioners.

Mr. T.P.S. Walia, AAG, Punjab.

Ms. Rajni Gupta, Advocate for Mr. Jasdeep Singh Gill, Advocate for respondents No.2 to 10.

HARPREET SINGH BRAR J. (Oral)

1. Prayer in this writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned orders dated 20.04.2023 (Annexure P-10), 10.05.2023 (Annexure P-11), 15.03.2003 (Annexure P-12), 05.06.2023 (Annexures P-13 and P-14), 17.04.2023 (Annexure P-15), and 20.04.2023 (Annexure P-16), whereby the claims of the petitioners for compassionate appointment have been rejected on the ground that they are "married daughters" of deceased employees. Further, a writ in the nature of mandamus has been sought, directing the respondent/Corporation to consider the claims of the petitioners for compassionate appointment in terms of the policy dated 27.10.2022 (Annexure P-1) as amended vide Notification dated 29.01.2024.

2. Briefly, the facts leading to filing of the present petition are that the petitioners are married daughters of deceased employees, who served under the Punjab State Power Corporation Limited (PSPCL), formerly known as Punjab State Electricity Board. The details of the deceased employees are as follows:

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Petitioner No.1 is the daughter of Paramjeet Kumar (ALM), who died on 02.08.2008.

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Petitioner No.2 is the daughter of Dhanna Singh (SSA), who died on 21.03.1993.

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Petitioner No.3 is the daughter of Najar Singh, who died on

27.09.2005.

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Petitioner No.4 is the daughter of Davinder Singh (Jr.

Engineer), who died on 01.12.2008.

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Petitioner No.5 is the daughter of Bachittar Singh (Lineman), who died on 25.11.2008.

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Petitioner No.6 is the daughter of Jagdev Singh (Superintendent), who died on 28.08.2009.

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Petitioner No.7 is the daughter of Ajad Kumar (JE), who died on 28.10.2002.

At the time of their respective fathers’ demise, the petitioners were unmarried and fully dependent on her deceased parent and in accordance with the then prevailing Solatium Policy dated 23.11.2004, they were granted monetary compensation in lieu of compassionate appointment. Subsequently, the Department of Power, Government of Punjab, issued a revised policy dated 27.10.2022, to consider cases for compassionate appointment of dependents of employees who had died prior to 16.04.2010 and were earlier granted solatium. A public notice dated 06.12.2022 (Annexure P-2) was issued inviting online applications, pursuant to which all the petitioners applied within the stipulated time. However, their claims were rejected by various authorities within PSPCL vide impugned orders (Annexures P- 10 to P-16), solely on the ground that the petitioners are "married daughters" and thus, not covered within the definition of “dependent” as per the policy prevailing at the time of decision.

3. Learned counsel for the petitioners submits that the rejection of the petitioners' candidature is wholly unsustainable in the eyes of law. She submits that the petitioners were unmarried and dependent at the time of their father's death and they had applied for compassionate appointment soon thereafter. She further contends that with the issuance of the Notification dated 27.10.2022, the petitioners became eligible once again and their application ought to have been considered on merits without discriminating on the basis of their marital status.

4. Learned counsel for the petitioners further submits that the State Government has already amended the relevant policy vide Notification dated 29.01.2024, whereby the word “unmarried daughter” was substituted with “daughter”, thereby removing the discriminatory classification. Learned counsel for the petitioners furthe