CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR

Argued by: Mr. Harinder Sharma, Advocate,

for the petitioner.

Mr. Swapan Shorey, DAG, Punjab.

NAMIT KUMAR, J.

1. The petitioner has filed the instant petition under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus for directing the respondents to consider his case for appointment on compassionate grounds in the Department of Education (Schools) on account of death of his mother – Smt. Manjit Kaur on 08.10.2012, while she was in service as Librarian and to consider his appointment from the date of application dated 20.10.2019, with all consequential benefits.

2. Briefly stated, the facts of the case, as have been pleaded in the petition, are that mother of the petitioner, Smt. Manjit Kaur, was working as Librarian in Government Senior Secondary School (Boys), Kotakpura, District Faridkot, and unfortunately died on 08.10.2012 while in service, leaving behind her husband, Sh. Surjit Singh; a daughter, Ms Ravneet Kaur and the petitioner as her legal heirs. The petitioner possesses the qualification of MBA (Finance), which he acquired in the year 2008 from the Punjab Technical University, Jalandhar. At the time of death of his mother, sister of the petitioner Ms. Ravneet Kaur, who was possessing the qualification of B.Sc. Nursing, applied for appointment on compassionate grounds as a Nurse in the Department of Health and Family Welfare, Punjab. However, her claim to the said post was not accepted on the ground that mother of the petitioner was working against a Group ‘C’ post and whereas in the Department of Health and Family Welfare, Nurse is a Group ‘B’ post and she may opt for any post in Group ‘C’. In response thereto, the sister of the petitioner again submitted an application dated 13.05.2014, requesting respondent No.4 to forward her case to the competent authority for appointment on compassionate grounds against the post of Senior Laboratory Attendant in the Department of School Education itself. Accordingly, revised case of Ms. Ravneet Kaur was sent to respondent No.2, for appointment to the post of Senior Laboratory Attendant. However, no action was taken by respondent No.2 and in the meanwhile, on 30.06.2016, Ms. Ravneet Kaur came to be appointed as a Staff Nurse in the Department of Health and Family Welfare, Punjab, at her own by way of direct recruitment (as per State reply, date is mentioned as 19.05.2016). She is now married and has her independent family. It has further been pleaded that during the aforesaid period, father of the petitioner suffered a brain haemorrhage in the year 2017 and remained admitted in hospital and the petitioner being only son, remained busy in taking care of him. Thereafter, the petitioner submitted an application on 20.10.2019 to respondent No.4 for consideration of his case for appointment as Clerk on compassionate grounds. Upon receipt of the case of the petitioner, respondent No.3 sent back the case of the petitioner to respondent No.4 to obtain self-declaration from Ms. Ravneet Kaur about her no objection in considering the case of the petitioner for appointment on compassionate grounds. On 21.10.2020, Ms. Ravneet Kaur gave self-declaration in writing that she has no objection if the case of the petitioner is considered for appointment on compassionate grounds (Annexure P-2). Thereafter, the case of the petitioner was forwarded by respondent No.4 to respondent No.3 for further necessary action, which was forwarded to respondent No.2, vide memo dated 28.10.2020 (Annexure P-3), and when no action was taken