High Court of Punjab and HaryanaCWP/15479/2016dismissed

Arun Kumar v. State Of Punjab Etc

2016-08-03Mr. Justice S.P. Bangarh2 pages

CWP 15479/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:03/08/2016 Arun Kumar ............Petitioner vs State of Punjab etc.

.............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Aakash Singla,Advocate for the petitioner. Jaswant Singh,J(Oral) Petitioner has challenged the order dated 22.3.2016 (P-6) whereby his case for compassionate appointment has been rejected. After hearing learned counsel for the petitioner at length, no case for interference is made out.

Compassionate appointment is being claimed on account of death of his father-Tarsem Lal,who died on 5.4.2009 while working as a Punjabi Master in the Education Department (Schools), Government of Punjab.

Concededly, at that point of time mother of the petitioner was also working as a Hindi Mistress in the Education Department(Schools) Government of Punjab. Mother of the petitioner subsequently sought voluntary retirement and stood retired w.e.f. 31.7.2013. Subsequently, she died in the year 2015.

Date of birth of petitioner is 1.1.1997 and as such at the time of death of his father he was 12 years old. After having completed his 10+2 he, in January 2016, made an application for compassionate appointment. The Rajinder Parshad Joshi 2016.08.03 16:35 I attest to the accuracy and integrity of this document

CWP 15479/2016 reasons for declining his request, as contained in P-6 are absolutely correct. The instructions dated 21.1.2002 do not contemplate providing of compassionate appointment in case the other living parent is employed. That apart the post to be filled up on compassionate ground is not post of inheritance which has to be kept vacant to be filled up after a long period of delay on attaining majority/educational qualification for the post by the applicant.

In view of the above, no case for interference is made out. Dismissed.

03.08.2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.08.03 16:35 I attest to the accuracy and integrity of this document