STATE OF PUNJAB Vs. AMARJIT KAUR

JUDGEMENT

(1.) The present judgment shall dispose of 6 cases bearing LPA-462-2021, CWP-13941 and 22915-2016 CWP-4251 and 10146-2021 and CWP-17958-2022.

(2.) Consideration in the present set of cases is as to whether the State is justified in excluding consideration of a married daughter for appointment on compassionate grounds, as per instructions dtd. 21/11/2002.

(3.) In LPA-462-2021, the learned Single Judge has allowed CWP-2218-2017 titled Amarjit Kaur Vs. State of Punjab and another on 17/1/2020 and declared Clause (c) of Note-I of the policy/instructions dtd. 21/11/2002 as ultra vires of Articles 14 and 15 of the Constitution of India and struck off of the said policy and instructions. Directions have been issued that it would read as'Daughter (including adopted Daughter)' whereas earlier it would read as'Un-married Daughter (including adopted Daughter)' which was the definition of the dependent family members. Learned Single Judge has further also recorded a finding that the petitioner therein was residing in her mother's house at Village Baghel Singh Wala as per the verification report of the DSP, CID, Tarn Taran who remained dependent upon the pensionary benefits of the deceased husband, Head Constable Kashmir Singh. They had only 1 acre of land and no other source of income and therefore, the financial position of the mother and the petitioner was fulfilling the criteria of being dependent upon the deceased father and therefore, it was directed to issue appointment letter to the petitioner on consideration of her claim within a period of one month from the receipt of copy of the order, while quashing the order dtd. 15/4/2015 (Annexure P-14) and holding her eligible for appointment under the 2002 scheme.