LAWS(P&H)-2013-9-300

RAJINDER Vs. HAZARI LAL AND ORS.

Decided On September 24, 2013
RAJINDER PAL Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner has filed the present writ petition aggrieved of the action of the respondent-authorities in not considering his claim seeking appointment on a compassionate basis.

(2.) Brief facts are that the father of the petitioner late Shri Sikander Lal was engaged as Fitter Helper on daily wage basis under the Sub Divisional Officer, Sub Division, Chamkaur Sahib, District Ropar on 1.4.1991. The State Government issued a Policy dated 18.3.2011 whereby all such daily wagers who had completed ten years service as on 31.12.2006 were vested with a right to be regularized in service. The Superintending Engineer, Water Supply and Sanitation, Sangrur Circle issued office order No.73 dated 24.5.2011 enclosing a list of ten daily wage workers, who were stated to fulfil the requisite qualifications under the policy dated 18.3.2011 and regularizing them in the scale of Rs. 4900-10680+1300 grade pay. In the list enclosed along with this order, the name of the father of the petitioner figured at Serial No.1. Unfortunately, father of the petitioner died in harness on 24.3.2011 and as such, was not even alive to reap the benefits in the light of order dated 24.5.2011 at Annexure P1.

(3.) The petitioner being one of the legal heirs of deceased Sikander Lal as per Dependent Certificate dated 13.7.2011 issued by the Deputy Commissioner, Rupnagar, Annexure P3, submitted an application dated 9.9.2011 seeking appointment on compassionate grounds. Such application stands appended as Annexure P8 along with the writ petition. Such claim was raised by the petitioner in the light of Punjab Government Policy dated 21.11.2002 and as amended on 5.2.2003 wherein it was envisaged that if a Government servant dies in harness, one of the dependents of the deceased Government servant is to be considered for compassionate appointment.