KARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is aggrieved against the order dated 26.4.2000 (Annexure P -5) whereby the appointment of the petitioner on priority basis on account of death of her father on account of terrorists violence was declined.

(2.) SH . Nachhattar Singh, father of the petitioner was killed by terrorists on 3.2.1990. Petitioner has moved an application on 4.2.1999 for appointment on priority basis in terms of the policy of the State Government dated 8.8.1996 (Annexure R -1) for giving appointment to one of the family members of the terrorists, victim family. The petitioner stated that she could not apply immediately after the death of her father as she was got married and thereafter her mother suffered an attack of paralysis. Since petitioner had to reside with her mother, therefore, her matrimonial relations with her husband were severed.

(3.) THE State Government has framed a policy regarding grant of employment in Class -III and Class -IV posts on compassionate grounds contained in circular letter dated 24.4.1986. However, for giving compassionate appointment on Class -II posts to the dependent members of the families killed in terrorist violence in the State, instructions were issued on 5/6.2.1988. However, on 11.11.1993 revised policy regarding giving compassionate appointments in all cases of the State services to the dependent member of the families of the Government employee, killed in terrorists violence or who died in harness while in service was issued rescinding earlier policy dated 5/6.2.1998. However, subsequent to the judgment of the Hon'ble Supreme Court in Umesh Kumar Nagpal v. State of Haryana and others, 1994(3) SCT 174 (SC) : 1994(4) S.C.C. 138 and few other judgments, the State revised its policy on 5.2.1996 (Annexure R -3) wherein it was mentioned that no appointment on compassionate ground against Class I and II posts should be made and for offering appointment on Class III and IV posts therein, the dependent member of the family of a persons i.e. bread winner killed or 100% physically disabled in terrorists action or by security forces acting in aid of civil power in the State can be considered. There are few other categories dependents of which are entitled to seek appointment on priority basis. It was further mentioned that while making appointment on compassionate ground only a widow or a dependent son or dependent unmarried daughter may be considered. The Clauses 5 and 6 of the said policy is relevant which read as under : -