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High Court of Punjab and HaryanaCWP/8996/2016allowed

Rakesh Kumar v. State Of Punjab And ORS.

2023-08-032 pages

CWP-8996-2016 -1- 2023:PHHC:099963

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-8996-2016 Date of Decision: 03.08.2023 Rakesh Kumar .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr. R.S. Manhas, Advocate for the petitioner.

Ms. Shivani Sharma, DAG, Punjab.

***** SANJEEV PRAKASH SHARMA , J (ORAL) 1.

This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioner on compassionate ground on account of death of his father.

2.

This Court finds that the petitioner had applied in 2009 for compassionate appointment after death of his father who was working as a Safai Sewak (Sweeper) and died while in service on 12.02.2008. The petitioner's application was not considered on account of incorrect Dependency Certificate issued by the Deputy Commissioner who later on, issued a correct Certificate on 19.02.2010. However, from the reply which has come on record, it seems that the revised certificate issued by the Deputy Commissioner has not been considered and the candidature has been rejected. 3.

Taking into consideration the fact that the deceased-Sweeper expired leaving behind a widow, two daughters and two sons, this Court deems it appropriate to direct the respondents to take steps immediately for DINESH BANSAL 2023.08.03 18:49 I attest to the accuracy of this order Chandigarh

CWP-8996-2016 -2- 2023:PHHC:099963 considering the application of the petitioner and offering him appointment on compassionate ground.

4.

Keeping in view the aforesaid findings, the rejection order dated 04.12.2010 (Annexure P-6) is set aside and accordingly, the present petition is allowed. The compliance be made within a period of three weeks from today. 5.

No order as to costs.

(SANJEEV PRAKASH SHARMA) 03.08.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.08.03 18:49 I attest to the accuracy of this order Chandigarh