SUDESH KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India to issue a writ in the nature of mandamus to command the respondents to consider her case for appointment as an Assistant (Redesignated as Senior Assistant) instead of as a Clerk on compassionate grounds, keeping in view her academic qualifications as well as the Government instructions dated April 18, 1973 (Annexure P3) and dated April 24, 1986 (Annexure P4).

(2.) Briefly the facts are that the petitioner passed her B.A. examination from the Punjab University in April, 1976 and thereafter she did her M.A. in History from the same university in April, 1980; father of the petitioner, namely late Shri Hari Mittar was working as a Class-I Officer in the Punjab Government in the rank of Secretary to the Minister; her father died while in service on January 15, 1983; the petitioner being dependent on her deceased father made a representation on February 15, 1983 to give employment to her on priority basis on compassionate grounds, keeping in view her educational qualifications and the fact as well that her father was holding a Class-I post at the time of his death; the petitioner, however, was offered the post of a Clerk vide letter dated April 8, 1983 (Annexure P5) though she was fully eligible for appointment as an Assistant; due to adverse family circumstances, as the family had lost the sole bread earner, the petitioner accepted the employment as a Clerk and she joined as such on April 18, 1983. However, immediately thereafter, the mother of the petitioner, Smt. Leela Wati, made a representation on August 16, 1983 requesting the respondents to appoint the petitioner as an Assistant (Redesignated as Senior Assistant) instead of a Clerk keeping in view the guidelines laid down by the State Government; the aforementioned representation was followed by another representation made by the petitioner on February 18, 1985 (Annexure P6) followed by further several reminders.

(3.) Meanwhile, on January 24, 1991, one Jaswinder Singh was appointed as Senior Assistant on compassionate grounds due to unfortunate demise of his father, namely, late Shri Mohinder Partap Singh, who was working as Superintendent (Class-II); the petitioner, therefore sent another reminder-cum-representation pointing out that she was discriminated in the matter of appointment as Assistant (Redesignated as Senior Assistant) in as much as if the academic qualifications possessed by both the dependants namely, the petitioner and Sh. Jaswinder Singh, were to be compared or if the status of their deceased father's were to be compared as also if the needs of the families and dependency upon the deceased employees were to be looked into, the petitioner had a superior and preferential claim for appointment as Senior Assistant instead of as a Clerk. The petitioner's representation, however, was rejected compelling her to approach this Court.