HIRA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner, who is son of late Sh. Santa Singh, born out of the second marriage which Santa Singh performed during the subsistence of his first marriage, has approached this Court impugning the orders dated 8.4.2010 and 15.10.2010 (Annexures P-11 & P-12 respectively) vide which his claim for appointment on compassionate ground stands rejected by the respondents on the ground that the petitioner would not be eligible for consideration for appointment on compassionate ground as the second marriage of Santa Singh deceased with Smt. Joginder Kaur was illegal and the petitioner-Hira Singh being the son out of this illegal wedlock is not entitled to be treated as a son of Santa Singh. Counsel for the petitioner contends that Santa Singh, father of the petitioner, was working as a Driver in the office of the Deputy Excise & Taxation Commissioner, Ferozepur, who died in harness on 18.2.2000. Earlier Santa Singh was married to Smt. Jaggo Bai, stepmother of the petitioner. When it transpired that she could not conceive a child from Santa Singh, second marriage was solemnised by him with Smt. Joginder Kaur, mother of the petitioner. This marriage was with the consent of Smt. Jaggo Bai and with an intention to bear children of Santa Singh. Smt. Jaggo Bai had also been staying with the family. Out of the wedlock between Santa Singh and Smt. Joginder Kaur, petitioner was born on 15.1.1989.

(2.) Since at the time of death of his father on 18.2.2000 petitioner was a minor, he could not be appointed on compassionate ground. Both wives of Santa Singh being illiterate also could not be given appointment on compassionate ground. The claim being not covered by the policy instructions dated 21.11.2002 (Annexure P-8) petitioner could not at that time, being a minor, be appointed. A fresh notification was issued by the Government of Punjab dated 3.7.2008 (Annexure P-9), according to which proviso to para 13(a) of the policy instructions dated 21.11.2002 was added. As per this addition, it was mentioned that in case where the deceased Government employee leaves behind his/her minor children, who were studying at the time of death of the employee and were not qualified for employment in the government and the spouse is not in a position to join the Government job, a dependent child may be allowed to apply for compassionate appointment by the competent authority within a period of one year from the date of attaining the age and educational qualifications for a Group 'C' or 'D' appointment in government. It was further decided that on humanitarian consideration as a special one time measure to all old deserving cases, the benefit may be granted and applications may be called for employment, which may be made within a period of six months from the date of issue of these instructions. In pursuance to this notification, issued by the government of Punjab, petitioner applied for appointment on compassionate ground being son of a deceased government employee and covered by the policy instructions dated 21.11.2002 in the light of the notification date 3.7.2008.

(3.) An affidavit was filed by Smt. Jaggo Bai dated 20.10.2006, the step mother of the petitioner, that she had no objection to the appointment of Hira Singh-petitioner, who is son of Santa Singh, if a job is given to him in place of his father. There being no objection from any quarters and petitioner being eligible now under the policy instructions, the claim of the petitioner was considered by the respondents but rejected vide order date 8.4.2010 (Annexure P-11) and 17.8.2000 (Annexure P-12) by holding that the petitioner was not eligible for appointment on compassionate grounds, as a government servant is entitled for only one marriage and since the petitioner was born from the second wife and this marriage being illegal, he cannot be given the job on compassionate grounds. These orders have been challenged by the petitioner in the present writ petition.