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High Court of Punjab and HaryanaCWP/11794/2013dismissed

Ravinder Singh v. State Of Punjab And ANR

2018-04-02Mr. Justice S.P. Bangarh2 pages

CWP 11794/2013 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 11794/2013 (O&M) Date of decision:02.04.2018.

Ravinder Singh ..............Petitioner v.

State of Punjab and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Arvind Moudgil,Advocate for Mr.Ranjan Lakhanpal,Advocate for the petitioner Jaswant Singh,J,(Oral).

Pritam Singh-father of the petitioner died in harness on 22.7.1996 while working as Driver with Punjab Roadways. He left behind his widow Karnail Kaur, who was already in Government service working as a Teacher; two daughters namely Harmeet Kaur and Jaswant Kaur; and petitioner son Ravinder Singh. At that time Harmeet Kaur was aged 21 years, Jaswant Kaur was 16 while petitioner was aged 13 years. Petitioner after attaining age of majority filed an application on 3.2.2009 for compassionate appointment, almost after 12 years of death of his father, which was declined vide order dated 4/8.5.2009 and sent under registered cover to the petitioner-Ravinder Singh. He filed instant writ petition after almost 4 years seeking a mandamus for compassionate appointment and upon notice a detailed reply has been filed contesting the claim of the petitioner.

At the time of hearing today, CM 16828/2017 has been filed seeking withdrawal of the petition as order dated 4/8.5.2009 declining the request for compassionate appointment has not been challenged. After hearing counsel for the petitioner at length this Court finds no ground to permit petitioner to withdraw the petition to enable him to file a fresh one.

The authorities have rightly dismissed claim of the petitioner Rajinder Parshad Joshi 2018.04.02 18:21 I attest to the accuracy and integrity of this document

CWP 11794/2013 (O&M) due to the fact that the mother of the petitioner was employed as a Teacher and his family was owner of 12 kanals of agriculture land and there was no penury condition existing; as also the claim being hit by principle of delay and laches.

In view of the above, the writ petition is dismissed. 02.04.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.04.02 18:21 I attest to the accuracy and integrity of this document