High Court of Punjab and HaryanaLPA/7/2016dismissed

Harmanpreet Chauhan v. State Of Punjab And ORS

2016-05-02Ms. Justice Navita Singh,Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Letters Patent Appeal No.07 of 2016 (O&M) Date of Decision: May 02, 2016 Harmanpreet Chauhan .....Appellant versus The State of Punjab and others .....Respondents CORAM:HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE A.B.CHAUDHARI.

*** Present: Mr.K.G.Chaudhry, Advocate, for the appellant. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The appellant is aggrieved by the order dated 18.11.2015 vide which his writ petition seeking appointment on compassionate ground has been dismissed by the learned Single Judge.

The appellant's father who was working as Hindi Teacher in Government High School, Khanpur Sahota, District Hoshiarpur, died in harness on 12.12.2011. The appellant applied for appointment on compassionate ground on 26.04.2012 but his claim was turned down by the Competent Authority as well as the State Government vide orders dated 14.11.2014 and 11/25.03.2015 (P-7 and P-10, respectively). Both the authorities have held that the appellant was minor at the time of death of his father and there were three other MOHINDER KUMAR 2016.05.09 16:32 I attest to the accuracy and integrity of this document Chandigarh

LPA No.07 of 2016 [2] major sisters of the appellant who could seek employment. They did not apply obviously for the reasons known to them perhaps to have the appellant employed under the ex-gratia policy. But the appellant was minor and wanted to have his reservation till he became major after almost 11⁄2 year. The learned Single Judge hence found non-existence of immediate need for compassionate employment. The mitigating circumstances which warrant appointment on compassionate ground have been found to be missing. Learned Single Judge has further observed that the compassionate appointment cannot be understood as a perennial source of recruitment in public employment.

No case to interfere with the order passed by learned Single Judge is made out.

Dismissed.

[SURYA KANT] JUDGE May 02, 2016 [A.B.CHAUDHARI] mohinder JUDGE MOHINDER KUMAR 2016.05.09 16:32 I attest to the accuracy and integrity of this document Chandigarh