Teena Vaid v. State Of Punjab And Others

CWP-12414-2021 (O&M) 2024:PHHC:045821 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12414-2021 (O&M) Date of decision: 04.04.2024 Teena Vaid

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Veneet Sharma, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

*** AMAN CHAUDHARY, J. (Oral) 1.

The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus directing the respondents to consider the name of the petitioner for compassionate appointment.

2.

Learned counsel would contend that the petitioner is married daughter of deceased-Vinay Kumar who was working at the post of Fitter Coolie and unfortunately passed away on 25.07.2013. A legal notice was served by her dated 06.03.2021, Annexure P-7, seeking compassionate appointment which was rejected on the ground that being a married daughter, she is not entitled for grant of compassionate appointment. However now the Division Bench of this Court in the case of State of Punjab and another vs. Amarjit Kaur , in LPA-462-2021, decided on 25.01.2023, has held that the married daughter also falls within the definition of family. He prays, on instructions that the petitioner would be satisfied, in case a time bound direction is given to the respondents to reconsider her claim, keeping in view the aforesaid .

HAMANT 2024.04.05 16:49 I attest to the accuracy and integrity of this order/judgment

CWP-12414-2021 (O&M) 2024:PHHC:045821 - 2 - 4.

Learned State counsel submits that the respondents would not be averse to having a relook at the matter.

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to have a re-look at the matter and pass an order afresh , by taking note of the afore-referred judgment, within a period of six months and if found entitled, necessary relief be granted to her forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating her therewith. ( AMAN CHAUDHARY ) 04.04.2024 JUDGE Hemant Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No HAMANT 2024.04.05 16:49 I attest to the accuracy and integrity of this order/judgment