LAWS(P&H)-2013-7-85

HANS RAJ Vs. STATE OF PUNJAB

Decided On July 25, 2013
HANS RAJ Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The challenge in the instant writ petition is to the order dated 28.4.2005, Annexure P3, whereby the claim of the daughter of the petitioner under the Policy issued by the State Government regarding appointments of 'Honour and Gratitude' in the State Class III and Class IV service to the dependent member of the families of 'war heroes' has been rejected.

(2.) Brief facts that would require notice are that Sepoy Makhan Singh serving with 4 Sikh Light Infantory gave up his life on 14.1.2002 as a battle casualty in 'OP Rakshak' in Jammu & Kashmir Sector. In recognition of such supreme sacrifice made by Sepoy Makhan Singh, the Government Senior Secondary School for Girls, Pathankot was named as Shaheed Makhan Singh Senior Secondary School for Girls, Pathankot. It is further pleaded that at the Shaheedi Samaroh in honour of deceased Makhan Singh, the then Chief Minister, Punjab represented through Deputy Commissioner, Gurdaspur had given an assurance that one of the next of kin of the deceased Sepoy would be given a job as per Policy framed by the State Government for the 'Honour and Gratitude' towards 'war heroes'.

(3.) It has been asserted that the daughter of the petitioner, namely, Ms.Sonia who was unmarried and was 7th Pass, submitted an application on 12.1.2003 to the District Sainik Welfare Officer, Gurdaspur seeking appointment against a Class IV post. The application was duly forwarded to the office of the Deputy Commissioner, Gurdaspur. However, vide impugned order dated 28.4.2005, the claim of the daughter of the petitioner has been rejected on the basis that Ms.Sonia, unmarried daughter of Hans Raj, is dependent upon her father who is a Government employee and not on her brother Makhan Singh who achieved martyrdom and as such, she cannot be considered for appointment.