CWP No.5019 of 2014 (O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.5019 of 2014 (O&M)

Date of Decision: 10.08.2015

Amandeep Kaur

.... Petitioner

Versus

State of Punjab and others

.... Respondents

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. S.L. Chander Shekhar, Advocate,

for the petitioner.

1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?

RAJIV NARAIN RAINA, J.

1.

The petitioner has approached this court claiming a direction to the

respondents to provide her compassionate appointment in any of the

Departments of the Government of Punjab including her late father's parent

department. Her father had served as a constable in the Punjab Police and

died of illness in the year 1986 when she was two years of age. The

petitioner attained the age of majority in 2003 when her mother made an

application to the Head of the Police Department that her daughter's case be

considered for ex-gratia employment in terms of the then existing scheme.

That request made on November 21, 2002 was considered and vide an

order passed by the Director General of Police, Punjab addressed to the

Additional Director General of Police, P.A.P., Jalandhar Cantt. with the

copy endorsed to the petitioner her case was rejected. It is not the case

either before the Government or in the present petition that the petitioner

MANJU

2015.08.11 14:21

I attest to the accuracy and

authenticity of this document

High Court Chandigarh

CWP No.5019 of 2014 (O&M)

-2-

was not communicated the order adverse to her interest. There is a printing

error in the petition which the counsel is not able to reconcile as the date

of the order rejecting the case of the petitioner has been appended as

Annexure P-3 with the date December 24, 2003 but the index records the

date December 22, 2007. The difference is hardly of any significance in the

determination of the case.

2.

The present petition has been filed in 2014 on the strength of a policy

circular dated July 03, 2008 which provides as follows:-

“I am directed to refer to the Punjab Government letters

issued vide No.11/105/98-4PPII/14420, dated 21.11.2002 and

No.11/99/2002-4PP2/18086 dated 28.12.2005 on the subject

cited above and to inform that the State Government decided to

add following proviso below para 13 (a) of these policy

instructions:-

“Provided that in the case where the deceased

Government employee leaves behind his/her minor

children, who are studying at the time of death of the

employee and are not qualified for an employment in the

government and the spouse is not in a position to join the

Government job, a dependent child may be allowed to

apply for compassionate appointment by the competent

authority within a period of one year from the date of

attaining the age and educational qualifications for a

Group 'C' or 'D' appointment in government.”

2.

On humanitarian considerations, it has been decided as a

special one time measure to extend this benefit to all old

deserving cases in such cases, an application for employment may

be made within six months from the date of issue of these

instructions, if not already made. The Administrative Department

should complete the process of giving employment within a period

of nine moths from the date of issuance of these instructions. No

further relaxation shall be allowed under any circumstances.

3.

This change in the policy instructions may kindly be

brought to the notice of all concerned for meticulous

MANJU

2015.08.11 14:21

I attest to the accuracy and

authenticity of this document

High Court Chandigarh

CWP No.5019 of 2014 (O&M)

-3-

compliance.”

3.

This circular appears to revive rights of minor children who were

studying at the time of death of the employee and were not qualified for

employment but gained the conditions precedent with the passage of time.

In such cases, a depende