SAT PAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Shri Satpal petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India and it has been prayed by the petitioner that directions be issued to the respondents to consider and appoint him as Class-IV employee on compassionate ground as his father died in harness while in service of respondent No. 3. It was also prayed that a declaration be given in his favour that his non-appointment by the respondents on compassionate ground is an act of arbitrariness and is violative of Articles 14 and 16 of the Constitution.

(2.) It is alleged by the petitioner that he is unemployed and able-bodied young man. His father Shri Parkash was a Sweeper in G.G.S. Medical College and Hospital, Faridkot and was working under respondent No. 3. He died on 6.6.1997 while in service. The petitioner, after the death of his father, made an application for appointment on compassionate ground to the respondents. As per the instructions of the Government, respondent No. 3 has not considered the petitioner for appointment on compassionate grounds as Class IV employee. The petitioner again submitted an application dated 13.9.2000 along with the documents for considering his previous application which was submitted to respondent No. 3. He also submitted a memorandum through Punjab Subordinate Services Federation dated 8.10.2000. It is alleged by the petitioner that respondent authorities are not considering his case for compassionate appointment. This action on the part of the respondents is arbitrary and discriminatory. Respondent No. 3 has already appointed Prem Kumar, Satinder Singh, Balraj, Balwinder Kaur etc. on similar grounds and circumstances but by not doing so vis-a-vis the petitioner they have violated the provisions of Articles 14 and 16 of the Constitution.

(3.) Notice of the writ petition was given to the respondents and the stand of the State is that the petitioner is a major. He is married. His mother Smt. Lajwanti is employed in the office of the Principal, Guru Gobind Singh Medical College, Faridkot. So much so even the wife of the petitioner is also employed as Class IV employee in the department of Pathology, Guru Gobind Singh College, Faridkot. The petitioner applied for employment on compassionate grounds. As per the Punjab Govt. instructions dated 5.2.1996, the petitioner was not entitled for such appointment as he was not dependent upon which deceased father. Shri Parkash deceased was not only the bread- winner of the family. The mother and wife of the petitioner are working as Class IV employees in Guru Gobind Singh Medical College, Faridkot under respondent No. 3. Moreover, the petitioner was asked to submit the dependent certificate from the Deputy Commissioner concerned. He failed to submit the requisite certificate. The application of the petitioner was considered and rejected by the respondents vide office letter dated 2.2.2001.