Shama Rani v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-14842-2023 (O&M) Date of decision: 14.07.2025 Shama Rani ....Petitioner

Versus

State of Punjab and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. A.P.S. Sandhu, Advocate for the petitioner
 



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

Prayer made in the present petition is for setting aside the order dated 27.05.2022.

2.

Learned counsel submits the claim of the petitioner for compassionate appointment was rejected only on the premise that she is a married daughter, which has since been decided by this Court in Amarjit Kaur vs. State of Punjab, CWP-2218-2017, decided on 17.01.2020, wherein this Court after taking a holistic view of the object of the policy, declared Clause (c) of Note-I of Scheme for compassionate appointments-2002 as ultra vires of Articles 14 & 15 of the Constitution of India and struck it off, which was upheld by the Division Bench in LPA-462-2021, vide judgment dated 25.01.2023 and has attained finality up to Hon'ble the Supreme Court wherein SLP No. 9356-2023, challenging the same was also dismissed on 18.10.2023. The afore-referred was also followed in Jaspreet Kaur vs. State of Punjab, CWP-24591-2021, decided on 24.07.2023. Pursuant thereto, vide Notification dated 29.01.2024, an amendment has been MOHIT 2025.07.14 17:09 I attest to the accuracy and integrity of this document

CWP-14842-2023 (O&M) -2carried out in Note 1 (c) of para 3 of the said Scheme, wherein the phrase "unmarried daughter" has been substituted with the word "daughter". He, on instructions, prays that the matter be reconsidered in light of the aforesaid judgments, in a time bound manner.

3.

The aforesaid facts having been brought out, during the course of hearing, learned State counsel, on instructions, states that the respondents would not be averse to having a relook at the matter and decided afresh within a period of 4 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. 4.

The aforesaid satisfies the learned counsel for the petitioner. 5.

The matter stands disposed of accordingly and if the petitioner is found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to her interest, the same may be passed after granting opportunity of hearing to her and shall contain reasons, whereupon she shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 14.07.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.07.14 17:09 I attest to the accuracy and integrity of this document