DEEPAK SHARMA Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner seeks setting aside of the letter dated 04.08.2015 (Annexure P -9) issued by respondent no. 3, The District and Sessions Judge, Sri Muktsar Sahib and the letter dated 11.09.2015 (Annexure P -10) issued by the Registrar of this Court wherein, the petitioner's claim for compassionate appointment has been declined.

(2.) THE case has a chequered history. The petitioner's father namely Sat Narain Sharma, was working as an Ahlmad in the Court of the Civil Judge (Senior Division), Sri Muktsar Sahib and he went missing from duty w.e.f. 03.04.2004. Accordingly, he was charge sheeted on the ground of remaining absent without intimation and an inquiry officer was appointed. Initially, he was dismissed on 30.09.2010 by the District and Sessions, Judge. The said dismissal order was challenged by filing CWP No. 10591 of 2011 before this Court. Civil suit was also filed by the legal representatives of the deceased -employee that a declaration be granted that the said employee was presumed to be dead not having been heard alive for the last more than 7 years. The suit was decreed on 03.01.2013 (Annexure P -2). In view of the declaration given by the Civil Court, this Court in the above said writ petition, converted the dismissal order into an order of compulsory retirement from 30.09.2010 and denied the benefit of salary from 03.04.2004 till 30.09.2010 vide order dated 23.08.2013 (Annexure P - 1). On the strength of the declaration given by the Civil Court, the petitioner filed an application for compassionate appointment in view of the instructions of the Government dated 21.11.2002, which was duly forwarded to this Court by the District and Sessions Judge, Shri Muktsar Sahib.

(3.) IT is not in dispute that the petitioner's father has gone missing since 03.04.2004. It is the pleaded case of the petitioner himself that only after the declaration granted by the Court on 03.01.2013, the application for giving appointment on compassionate grounds was moved. The declaration of death by the Civil Court necessarily takes the date of death to be from the time the deceased went missing and there is a legal fiction to the said act. It is in that view that the benefit was granted to the legal representatives of the deceased -employee and the order of dismissal was converted into an order of compulsory retirement. However, the fact remains that prior to that, the petitioner could not have applied for compassionate appointment in the absence of any finding that the employee had died.