VIJAY KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This petition has been filed praying for quashing the order dated 10.03.2008 (Annexure P-11) issued by respondent No.1 whereby the competent authority in the respondent Board, after considering the case of the petitioner has decided that instead of giving employment on compassionate ground he would be given solatium of Rs.3,00,000/-.

(2.) The facts in brief are that the father of the petitioner Shri Suresh Kumar Kathuria while posted as UDC with the respondent No.1- Board died due to the accident on 07.10.1998 during duty hours. The petitioner being his son and legal heir, submitted application dated 29.12.1998 for grant of retiral benefits and also claimed service on compassionate ground. As no decision was taken on the aforesaid claim for some time, he filed CWP No. 1496 of 1999 praying for directions to the respondents to release him the retiral benefits and give him service on compassionate basis. The writ petition was disposed of vide order dated 4.2.1999 and the respondents were directed to consider the claim of the petitioner within three months of the order. It was also directed that if there is any other claimant to the same relief, such claim be also considered. As the respondent Board had received two separate claims for the same relief, one from Shri Vijay Kumar, petitioner and another from Smt. Sunita Kathuria claiming to be the wife of the deceased, the respondent Board filed an interpleader suit under section 88 of the CPC before the Civil Court at Abohar requesting the Court to determine the rightful claimant for the purposes of receiving the retiral and other benefits of deceased Sh. Suresh Kumar Kathuria. The civil suit filed by the respondent Board was decreed on 04.03.2005 to the effect that the petitioner is the only legal heir of the deceased Suresh Kumar Kathuria, therefore, he is entitled to retiral and other benefits including compassionate appointment consequent on the death of Shri Suresh Kumar Kathuria. Smt. Sunita Kathuria, appealed against the said order, which was dismissed by the First Appellate Court on 08.09.2006.

(3.) Thereafter, she alongwith her minor children filed Regular Second Appeal No. 626 of 2007 before this Court, which was also dismissed vide order dated 11.12.2007.