JASPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Jaspal Kaur is unfortunate widow of Shri Karar Singh and she has filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nature of mandamus against the respondents by directing them to appoint the petitioner on some post on compassionate ground.

(2.) The case set up by the petitioner is that her husband, who was serving as a Company Commander, expired on 24th April, 1998 while he was posted in the office of respondent No. 3, after serving about 20 years. She applied for appointment on compassionate ground on 15th June, 1998. The petitioner had been approaching the authorities for her appointment and on 19th November, 1998, respondent No. 2 asked her as to whether she would like to be appointed as "Corporal Inspector or as a Clerk". On 14th December, 1998, the petitioner submitted her option to be appointed as a Clerk and also submitted her original educational and other certificates. On 5th March, 1999 the petitioner again submitted a representation to respondent No. 2. Similarly, her father made a representation before the Home Secretary on 15th December, 1999, but inspite of all this, no appointment has been given. Hence the present writ petition.

(3.) Notice of the writ petition was given to respondents and the stand of the respondents is that the case of the petitioner was considered but was declined vide order dated 19th May, 2000 on the plea that the financial position of the petitioner was not so weak and, therefore, she could not be accommodated on compassionate ground as per the policy of the Government dated 5th February, 1996.