STATE OF PUNJAB AND ORS. Vs. GURJANT SINGH

JUDGEMENT

(1.) STATE of Punjab has come up in this regular second appeal against the judgment dated 30.7.2010 passed by the Additional District Judge, Patiala, whereby the appeal against the judgment and decree dated 1.10.2009 passed by the Civil Judge (Jr. Division), Patiala was dismissed and judgment and decree of the trial Court was modified to the extent that the plaintiff is entitled to be considered for compassionate appointment. Vide the trial Court judgment suit of the plaintiff -respondent (hereinafter referred to as 'the plaintiff') has been decreed for appointment on compassionate grounds.

(2.) FATHER of plaintiff Gurjant Singh, Late Shri Hans Raj was working as a Constable in Govt. Railway Police, Patiala. He died on 20.6.2003 during the course of his employment. Thereafter mother of the plaintiff expired on 5.6.2007. On attaining majority, the plaintiff applied for appointment on compassionate grounds on the post of Clerk. Vide letter dated 16.6.2007, plaintiff was informed by defendant No. 3 (appellant No. 3) that defendant No. 2 (appellant No. 2) vide letter dated 9.5.2007 has rejected the case of the plaintiff for appointment on compassionate grounds on the post of Clerk. The reason for rejection was that Government had appointed Hans Raj on the post of Constable after the death of Constable Raj Kumar (who was previously the father of the plaintiff). Smt. Palwinder Kaur, mother of the plaintiff now deceased was previously married to Constable Raj Kumar and plaintiff was born out of the wedlock. After the death of Constable Raj Kumar, his younger brother Hans Raj was provided job on compassionate grounds. Smt. Palwinder Kaur mother of the plaintiff remarried to Hans Raj and the plaintiff became the son of Constable Hans Raj. After the death of Hans Raj on 20.6.2003, defendant No. 2 issued letter on 4.8.2005 for appointing mother of the plaintiff Smt. Palwinder Kaur on compassionate grounds. Palwinder Kaur categorically gave an affidavit with an application stating that his son Mr. Gurjant Singh, the plaintiff may be given job and she has no objection to the appointment of the plaintiff. Defendant No. 2 vide letter dated 27.12.2006 had informed the plaintiff that his case for appointment on compassionate grounds on the post of clerk is under consideration and he was directed to be ready to appear for the test. Palwinder Kaur died on 5.6.2007. Thereafter, vide order dated 9.5.2007 of defendant No. 2, case of the plaintiff for appointment on compassionate grounds was rejected. It was claimed by the plaintiff that this order was contrary to the instruction of the Govt. which provide that kith or kin of the deceased employee shall be given appointment on compassionate grounds immediately so that the family of the deceased employees shall not left in penury and shall not face starvation due to the death in harness. The object of giving compassionate appointment to the kith and kin of deceased employee was to mitigate their hardships suffered due to death of the government employee. Without giving any opportunity of hearing, his case was rejected.

(3.) THE trial Court examined the scheme of compassionate appointment and held that the plaintiff came within the definition of dependent family members as he was wholly and solely dependent on the employee at the time of his death and he was entitled to be appointed on compassionate grounds. The plaintiff was eligible and qualified for the post of Clerk in the Office of GRP, Patiala. He was unemployed and had no source of income after the death of his father Hans Raj. After the marriage of the mother of the plaintiff to Hans Raj, he became the son of Hans Raj and his claim for appointment on compassionate grounds on the death of Hans Raj could not be denied.