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High Court of Punjab and HaryanaCWP/9742/2018disposed of

Dimple v. State Of Punjab And ORS

2026-05-07Mr. Justice Harpreet Singh Brar4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 07.05.2026 Dimple .....Petitioner

VERSUS

State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present :

Mr. Hitesh Grover, Advocate for Mr. Shivam, Advocate for the petitioner.

Mr. Vikas Sonak, AAG, Punjab with Ms. Saravjit Kaur, Sr. Assistant, Dept of Local Government, Punjab.

Mr. R.K.S Brar, Advocate for respondent No.3. Mr. Vijay Kumar Kaushal, Advocate for respondents No.2 and 5.

HARPREET SINGH BRAR, J. (Oral) 1.

The petitioner has approached this Court by way of the present writ petition under Articles 226/227 of the Constitution of India, praying for issuance of a writ in the nature of mandamus directing the respondents to consider and grant compassionate appointment to the petitioner expeditiously and without any further delay, in view of the law laid down by the Division Bench of this Court in 2005(4) RSJ 661 and 2006(1) RSJ 151. It is averred that the petitioner has no independent source of livelihood and

is facing acute financial hardship after the untimely demise of her father. The petitioner further prays for grant of all consequential and appropriate benefits, being fully entitled to the same in accordance with law. 2.

On the last date of hearing, the following order was passed by this Court on 07.04.2026:- "A perusal of the paper-book indicates that the father of the petitioner died on 01.04.2017, and her mother had applied for grant of compassionate employment on 27.02.2017, without any delay. However, her case was not considered, as respondent No. 3 has taken the stand that the father of the petitioner was an employee of the Water Supply and Sewerage Board, Ferozepur, whereas respondent No. 2 has taken the stand that the father of the petitioner was sent to the Municipal Council, Ferozepur, where he was permanently absorbed, and was only sent back on deputation in the year 2014. As such, the Municipal Council, Ferozepur, is stated to be the employer of the father of the petitioner.

However, no order of absorption has been placed on record by either of the respondents. In view of the above, the Director, Local Bodies, Government of Punjab, is directed to file his affidavit, after examining the record, as to whether the father of the petitioner was a permanent employee of the Water Supply and Sewerage Board or was permanently absorbed in the Municipal Council, Ferozepur, within a period of four weeks.

Adjourned to 07.05.2026."

3.

Today, learned State Counsel, on instructions from Ms. Saravjit Kaur, Senior Assistant, submits that the service record of the father of the petitioner has been duly examined and it transpires therefrom that initially the father of the petitioner was appointed in the Punjab Water Supply and Sewerage Board and thereafter, he stood permanently absorbed in the Municipal Council, Ferozepur, where he continued to serve till his death. It has further been submitted that the family pension in respect of the deceased employee has already been sanctioned and released by the Municipal Council, Ferozepur, thereby substantiating the stand taken by the respondents with regard to his permanent absorption. 4.

In view of the stand now taken by the learned State Counsel and keeping in view the peculiar facts and circumstances of the present case, the present writ petition is disposed of with a direction to respondent No.4/competent authority to consider and decide the claim of the petitioner for appointment on compassionate basis strictly in accordance with the applicable policy/rules prevailing at the time of death of her father. The competent authority shall pass a speaking and reasoned order, in accordance with law, within a period of two months from the date of receipt of certified copy of this order.

5.

It is further clarified that in case the petitioner is found eligible and otherwise entitled for appointment on compassionate basis, the necessary appointment letter shall be issued to her forthwith, without any avoidable delay.

6.

Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET SINGH BRAR) JUDGE 07.05.2026 Puneet Chawla Whether speaking/reasoned. : Yes/No Whether Reportable. :

Yes/No