SUSHIL KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner, in the present writ petition, challenges the order dated 30.04.2013 (Annexure P -11) whereby, respondent No. 3 has rejected the case of the petitioner for providing a job on compassionate grounds on account of the fact that the case does not fall under the Punjab Government instructions dated 03.07.2008 (Annexure P -14). A writ of mandamus is also prayed for to provide a suitable job to the petitioner as per the policy. In the written statement, the order has been justified by submitting that the petitioner had failed to apply for a job on compassionate grounds till 04.09.2009 and there was a delay of 3 years and 8 months from the date he became eligible for the Group -D post. The plea taken is that he had attained the age of 16 years on 11.12.2005 and the application for appointment has been made on 04.09.2009. As per the instructions dated 03.07.2008, no relaxation can be provided under any circumstances.

(2.) The said order cannot stand judicial scrutiny. It is not disputed that the petitioner's father was working as a Class -IV employee with respondent No. 3 and died on 21.04.2000 and the mother had already expired on 04.11.1998. It has been pleaded that the petitioner was looked after by his elder sister who was also minor and at the time of the death of the father, the petitioner was only aged 11 years having been born on 11.12.1989 (Annexure P -3). A perusal of the record would go on to show that even though the petitioner was a minor, his grand father namely Ram Sharan Dass had acted promptly in applying for the job on compassionate grounds immediately after the death of the employee. This would be apparent from the letter dated 06.08.2003 (Annexure P -4) addressed to the grand father by the Employment Officer, Tarn Taran. The said letter reads thus: -

(3.) A perusal of the letter would go on to show that the case of the petitioner was deferred only on account of the fact that he had to attain the age of majority or adulthood for government service and the case would be again sent to the Director, Employment Department, Punjab.