GOVIND KUSHWAHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has sought a mandate to the respondents to absorb him against the post of work Munshi in this petition under Articles 226/227 of the Constitution of India.

(2.) The petitioner's father, who was working as a Chargeman in Public Health (GW) Division No. 2 at S.A.S. Nagar (Mohali) died of Feb. 8,1989 while on duty. The petitioner's mother made representation to the respondents for giving employment to the petitioner under the policy decision contained in Punjab Government's circular letter No. 18/14/86-opp (1703) 5964, dated April 24, 1986 but her request was not acceded to. This led to the filing of the writ petition.

(3.) In response to the notice of motion issued by this Court, written statement has been filed on behalf of the respondents by the Executive Engineer, 3rd Public Health (GW) division S.A.S. Nagar. It is not disputed that the petitioner's father died as alleged. The petitioner's claim has been denied principally on the ground that there was no vacancy of work Munshi in 3rd Public Health (GW) Division S.A.S.Nagar. It is unfortunate that the respondents have not understood the import of the instructions contained in the afore-mentioned policy decision of the State Government. Even if a post is not available, the same has to be created to give effect to the policy decision and the petitioner has to be adjusted against that post. We are dissatisfied with the manner in which the legitimate claim of the petitioner has been denied by the respondents. For the reasons noted above we allow the writ petition and direct the respondents to create a post of work charge Munshi in 3rd Public Health (GW) Division at S.A.S Nagar and appoint the petitioner against the same within three months of the receipt of copy of this order.