DAVINDER SHARMA Vs. PSPCL AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing the impugned order dated 05.05.2016 (Annexure P-3) whereby the claim of the petitioner for grant of employment on compassionate ground has been declined. A further prayer has also been made for issuance of direction to the respondents to give suitable employment to the petitioner on compassionate ground.

(2.) Briefly, the facts of the case, as made out in the present petition are that the father of the petitioner namely late Sh. Somnath, was posted as S.S.A at Anandpur Division with the respondent department and he died on 16.02.2008 during service leaving behind his wife Pushpa, two daughters, namely, Monika and Jyoti and one son, namely, Davinder Sharma i.e the present petitioner. After death of father of the petitioner, her mother applied for the retiral and other benefits being the legal heir of the deceased and awarded a sum of Rs. 3,00,000.00 in addition to the retiral benefits which were duly received by mother of the petitioner. In Dec. 2013, the petitioner passed his B.Tech. Thereafter, on acquiring the degree in month of March 2016, he made representations to the respondent department for employment on compassionate ground but the same was rejected vide order dated 05.05.2016 (Annexure P-3) on the ground that he cannot be given employment as his mother had already accepted the amount of Rs. 3,00,000.00, which is under challenge in the present petition.

(3.) Learned counsel for the petitioner submits that the impugned order is arbitrary and discriminatory as the case of the petitioner was declined only on the ground that an amount was paid to his mother and a receipt was obtained from mother of the petitioner, who is an illiterate lady. Learned counsel also submits that the only earning member of the family had died and there is no other source of income to look after the mother and younger marriageable sisters of the petitioner, hence, the claim of the petitioner has wrongly been rejected.