KASHMIR KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner Kashmir Kaur has approached this Court by way of filing the present writ petition for issuance of a writ in the nature of mandamus directing the respondents to consider the case of her son for appointment on compassionate basis.

(2.) Briefly, the facts of the case as made out in the present petition are that petitioner's husband namely late Shri Kuldeep Singh was working as Patwari in the Department of Revenue of Government of Punjab. He died on 04.02.1989 leaving behind his wife as no issue was born out of their wedlock. Thereafter, the petitioner adopted one Jagdeep Singh on 07.04.2004, who was born on 17.04.1994. Being the legal heir of late Shri Kuldeep Singh, he has claimed compassionate appointment on the ground that his father was permanent employee and was only bread winner of his family. Said application was made after passing of his 10+2 examination. However, the claim was declined vide letter dated 10.04.2013 on the ground that the son was adopted by the wife of the deceased employee after his death. In spite of making representation, no action was taken and, thereafter, the present writ petition has been filed by the wife of the deceased.

(3.) Learned counsel for the petitioner submits that the petitioner is a poor lady and has claimed compassionate appointment for her adopted son, which has been rejected without any sufficient reason. The action of the respondents in declining compassionate appointment is not only unlawful and illegal but discriminatory as well, as the claim of similarly situated person has been considered by the respondent-department.