RAWEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question which arises for determination in this writ petition is, whether, the son of an employee afflicted with a neurological disorder, is entitled to grant of Government employment on compassionate grounds, keeping in view the facts and circumstances of this case ?

(2.) The petitioners are father and son, petitioner No.1 being the father. He was appointed on daily-wage basis in the Excise and Taxation Department of the Punjab Government. In the year 2001, he was regularized as a Class-IV employee and subsequently, promoted to the Class-III post of Clerk. At the time of filing of the writ petition, he was serving as Junior Assistant at Sub-Office, Rajpura. In the year 2012, he developed some neurological ailment, which ultimately resulted in permanent disability to the extent of 75%. This is evident from Disability Certificate dated 29.4.2015 issued by a competent Medical Board. The office of respondent No.3 discontinued payment of salary w.e.f. 1.7.2017 on account of which, his son (petitioner No.2) submitted a representation dated 6.9.2017 (Annexure P-4). Request for employment on compassionate grounds was also included. This was followed by representation dated 13.9.2017 (Annexure P-5) addressed to the Social Security and Women and Child Development Department, Punjab. The said Department addressed communication endorsed on 24.10.2017 (Annexure P-5/A) to respondent No.3 to send comments on the representation made to it. Vide communication addressed on 1.11.2017 (Annexure P-6), respondent No.3 was asked to take appropriate action in accordance with existing instructions. The Punjab Government in the Excise and Taxation Department also wrote a communication dated 7.11.2017 to respondent No.3 asking him to take action in accordance with the relevant rules. Consequently, the office of respondent No.3 sought guidance from the Government vide its letter dated 25.1.2018 (Annexure P-8), whereupon, communication dated 13.7.2018 (Annexure P-9) was issued by the Government making reference to communication issued by the Social Security and Women and Child Development Department dated 30.4.2013 which was issued pursuant to judgment dated 6.3.2012 passed in CWP-5436-2009 titled as Roshni Devi Vs. HVPN. After examination of the issue, order dated 21.9.2018 (Annexure P-12) was passed directing release of salary w.e.f. 1.7.2017 and for continuation of service till the date of retirement. However, the request for compassionate employment was denied. This order has been impugned in the present writ petition.

(3.) In the written statement filed on behalf of the respondents, it has been averred that the request for compassionate employment cannot be granted as the existing policy on the subject does not cover this case. However, in accordance with Section 47 of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 (hereinafter refer to as 'the Act'), petitioner No.1 has been retained in service and is being paid his full salary. He shall be permitted to continue in service till the date of his superannuation. As per instructions dated 25.8.2000, dependents of employees, who retired on medical ground, are not entitled to compassionate employment.