KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CM-18101-2019

(2.) Challenge in the instant writ petition is to the order dated 15.3.2016 (Annexure P-10) passed by the respondent Corporation and whereby claim of the petitioner herein to be appointed on compassionate basis, has been declined.

(3.) Counsel submits that the petitioner is the adopted son of Leela Singh, who was working on regular basis on the post of Lineman and had died in harness on 24.7.2014. As regards adoption, counsel submits that mother of the petitioner namely Surjit Kaur was married to one Bharpur Singh and from the wedlock two children were born i.e. the present petitioner and one daughter namely Gurpreet Kaur. Upon the demise of the real father namely Bharpur Singh in the year 1985, a customary ceremony of Chadarnama was performed between Surjit Kaur and younger brother of deceased Bharpur Singh i.e. Leela Singh, who was at that point of time also serving in the erstwhile Punjab State Electricity Board. It is contended that under such circumstances petitioner, who was aged 4 years at the relevant point of time would be deemed to have been taken in adoption and to be treated as the adopted son of Leela Singh. Reliance has been placed upon the judgement dated 20.4.2015 passed by the Civil Judge (Jr. Divn.), Barnala in a suit for declaration filed by the petitioner to the effect that he is entitled to inherit the properties and assets left behind by Leela Singh. It has been averred in the petition that such suit was decreed in favour of the petitioner on 20.4.2015 (Annexure P-11) and under such circumstances the rejection of the claim of the petitioner seeking appointment on compassionate basis is patently unjust and unfair. Even the scheme governing employment on compassionate grounds at Annexure P-12 has been adverted to assert that under the expression "dependent family member" not only a son but even the adopted son can apply.