LAWS(P&H)-2009-3-307

DIMPLE Vs. STATE OF PUNJAB AND OTHERS

Decided On March 10, 2009
DIMPLE Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner's claim for compassionate appointment has been declined vide the impugned order dated 7.1.2005 (Annexure P-5). Simultaneously cash compensation in the form of solatium amounting to Rs. 3.00 lacs has been offered. The petitioner has assailed this order and sought a direction for grant of compassionate appointment in the present petition.

(2.) The facts leading to the filing of the present writ petition are noticed. Petitioner's father-Sawraj Kumar who was working as Cashier with respondent No. 2 died in harness on 22.11.1996. The petitioner is daughter of first wife of the deceased employee with whom the employee had matrimonial dispute and was paying maintenance. After the death of Sawraj Kumar, the petitioner filed a suit for mandatory injunction against the respondent-Board for share in the retiral benefits as also for grant of compassionate appointment being the daughter of the deceased employee. The suit filed by the petitioner was decreed by the trial court vide judgment and decree dated 18.7.2000 (Annexure P-1) wherein following directions were issued :-

(3.) In an appeal preferred by Smt. Sunita, the second wife of the deceased, the judgment of the trial court was modified to the extent indicated in the appellate court order dated 19.4.2001 (Annexure P-2) which reads as under :-