GURPREET KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Cm No.2036-LPA of 2018

(2.) The case set up by the appellant-petitioner in the writ petition was that her father, who was working as JBT teacher under the Education Department of the Punjab State, died in harness on 17.08.2001. An application seeking compassionate appointment is alleged to have been made on 11.12001 which was returned with some objections and was again submitted to the concerned Blok Primary Education Officer on 07.05.2002 after removing objections. It was further pleaded in the writ petition that the matter of compassionate appointment was kept pending and it was only in the year 2012 she was informed that her application is not traceable. Accordingly a fresh application is alleged to have been made by the appellant-petitioner in January, 2012 seeking compassionate appointment on the post of Science Mistress. Again an objection is alleged to have been made with respect to the claim made by the appellant-petitioner on the post of Science Mistress whereupon she is alleged to have given her consent for appointment as a Clerk (Group-C) post. However, vide order dated 04.06.2014, her claim was rejected on the ground that since she is married, hence cannot be treated as dependent upon the deceased employee.

(3.) Learned Single Judge after taking into consideration the scheme/policy formulated by the State Government dated 21.11.2002 for compassionate appointment and the fact that a married daughter was not covered under the scheme/policy and also the fact that the petitioner herself choose to keep quiet for a period of more than12 years upheld the decision of the authorities and rejected the claim for compassionate appointment. Learned Single Judge has also taken into account the fact while dismissing the writ petition that there was no material brought on record to demonstrate that the family was still in state of penury as the same was an essential condition for being eligible to be considered for compassionate appointment under the scheme/policy.