SUDESH KUMARI Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Sudesh Kumari has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the respondents the State of Punjab and the Chief Engineer (CADS) Irrigation Works, Punjab, and to provide her suitable employment on compassionate grounds in accordance with the policy instructions of the State Government, and for restraining them from dispossessing the petitioner and family members of her deceased brother from the residential quarter No. 124/I-3, which had been allotted to deceased Parmod Kumar.

(2.) Parmod Kumar was serving as Junior Engineer at Ranjit Sagar Dam in Drilling and Grouting division of Tunnelling Circle, Thein Dam, Shahpur Kandi, Punjab. On 30th July, 1989, while he was serving, he met with a fatal accident leaving behind his old father aged 78 years, mother aged 68 years and unmarried sister Sudesh Kumari aged 24 years the petitioner. There being no other earning member in the family, except the deceased and the petitioner being dependent on the deceased, she approached the respondents for being provided suitable employment on compassionate grounds on priority basis, as she was a Matriculate and had also qualified in the trade of Stenography in Punjabi from the Industrial Training Institute, Pathankot. Despite all this though more than a year has passed, yet the grievance of the petitioner has not been redressed so far.

(3.) In order to non-suit the petitioner, the respondents have pleaded in their written statement that the petitioner was required to furnish a list of all the members of the family of the deceased, along with their affidavits in respect of their ages and occupation, and that as these documents were still awaited, the writ petition was premature. It was further been stated that the claim of the petitioner shall be expedited on merits in accordance with the Government Instructions on receipt of the required information from the quarter concerned, as the claim of the petitioner was incomplete for want of affidavits from all the members of the family of the deceased.