Pinky And ANR v. State Of Haryana And Others

CWP-18469-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-18469-2024 Date of decision: 05.08.2024 Pinky and another ....Petitioners

Versus

State of Haryana and others

...Respondents

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

Mr. Abhimanyu Batra, Advocate for the petitioners. ***** AMAN CHAUDHARY. J (Oral) 1.

The prayer made in the present petition is for directing the respondents to grant compassionate appointment to petitioner No.2. 2.

Learned counsel would contend that the petitioner is the second wife of deceased-Chand Ram, who was working as a Sweeper and petitioner No.2 was born out of their wedlock, his previous wife had passed away living behind 1 son and 2 daughters, all of whom are married and above the age of 25 and thus not entitled for compassionate appointment. The claim of petitioner No.1 was accepted for appointment, vide order dated 18.09.2023, Annexure P-11, however it could not be granted on account of she not possessing the qualification, whereafter a representation dated 04.10.2023, Annexure P-12, was submitted for consideration of her daughter-petitioner No.2, which was followed by representation dated 17.07.2024, Annexure P16. In the interregnum, family pension has been sanctioned in favour of petitioner No.

1 after legal notice has been served upon the respondents. He thus, at this stage, on instructions, from the petitioner, prays that a direction is given be given to the respondents to decide the same in a time bound manner. HAMANT 2024.08.

CWP-18469-2024 3.

Notice of motion.

4.

At the asking of the Court, Mr. Harish Nain, AAG, Haryana accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5.

In view of the above and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondent No.4 to decide the representations dated 04.10.2023 and 17.07.2024, Annexures P-12 and P-16, within 4 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to them and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same shall contain reasons and the petitioners shall be free to seek legal redress thereupon.

(AMAN CHAUDHARY) JUDGE 05.08.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.08.06 09:47 I attest to the accuracy and integrity of this order/judgment