BEANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOTHER of the petitioner, namely, Murti Kaur was working as Ward Attendant in the office of respondent No. 3. She died in harness on 14.11.2003. After her death, the petitioner made an application seeking appointment on compassionate ground to a Class IV post. The Deputy Commissioner, Bhatinda issued dependency Certificate on 20.1.2004. The other brother of the petitioner also submitted an affidavit of no objection to the appointment of the petitioner on compassionate grounds. On consideration of the application, the petitioner was informed vide communication dated 23.7.2004 that he cannot be appointed on Class IV post for want of minimum educational qualification required for the said post. On the representation to the petitioner, Civil Surgeon, Bathinda also informed the Director Health & Family Welfare, Punjab that the petitioner does not fulfil the minimum educational qualification for appointment and thus is not entitled to be appointed.

(2.) THE petitioner has placed reliance upon instructions of the Punjab Government (Annexure P -3) wherein it is mentioned that the educational qualification prescribed shall apply to all Class IV posts, except the post of Sweeper. It is admitted case of the petitioner that he has passed 3rd class whereas the minimum educational qualification prescribed for appointment on Class IV post is Class V. The State Government issued fresh instructions vide its Circular dated 21.11.2002 (Annexure P -5) whereby a new Scheme for appointment on compassionate grounds was notified. Admittedly, at the time of death of the deceased -mother of the petitioner, the new instruction was in operation. Clause 6 of the new instructions deals with the eligibility for appointment on compassionate grounds. Clause 7 deals with Exemptions whereas Clause 8 deals with Relaxation. The relevant extracts from the aforesaid Clauses read as under:

(3.) IN the case of The District Collector & Chairman Vizianagaram (Social Welfare Residential School Society) Vizianagaram and Anr. v. M. Tripura Sundari Devi, 1990(4) S.L.R. 237 the Hon'ble Supreme Court has further observed as under: