IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.13117 of 2009 Date of Decision: September 28, 2010 Prem Kumari .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vivek K. Thakur, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for respondent No.1. Mr. Rajdeep Singh Cheema, Advocate, for respondent Nos.2 to 4. . . . AJAI LAMBA, J (Oral) 1. This petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing letters/ communications dated 8.5.2000 (Annexure P-4); 19.12.2005 (Annexure P-13); and 12.2.2007 (Annexure P-17). 2. In brief, the claim of the petitioner is that husband of the petitioner namely Shiv Lal was employed as Mali with the CWP No.13117 of 2009 [2] Court of Additional Civil Judge (Senior Division), Sultanpur Lodhi, District Kapurthala. While in service, Shiv Lal died on 5.8.1997 leaving behind the petitioner and three minor children. After the death of Shiv Lal, the petitioner made an application for appointment on compassionate ground which has been declined vide the impugned communications. 3. Learned counsel for the petitioner contends that the claim of the petitioner has been denied on the ground that the petitioner is not middle pass. Learned counsel contends that while the petition was pending, one of the daughters of petitioner namely Kiran has attainted the age of 18 years and is also 10+2 passed, therefore, instead of the petitioner, claim of Kiran can be considered by the respondents for appointment on compassionate ground considering the fact that Shiv Lal, father of Kiran, died while in service. Learned counsel, in that regard, has referred to Annexure P-18 i.e. Policy dated 3.7.2008 adopted by the Government of Punjab, Department of Personnel. 4. Learned counsel for respondent Nos.2 to 4 contends that the petitioner had filed an application. The petitioner cannot be appointed on compassionate ground. Learned CWP No.13117 of 2009 [3] counsel further states that in case Kiran, daughter of Shiv Lal and the petitioner, makes an application, the same shall certainly be considered in terms of policy, Annexure P-18. 5. In view of the stand on behalf of respondent Nos.2 to 4, this petition is disposed of with liberty to Kiran (daughter of the petitioner and deceased Shiv Lal) to make an application for appointment on compassionate ground. It is directed that the application shall be considered by the respondents within three months of her filing the application and decision taken in view of the instructions, Annexure P-18, and other relevant instructions and Policy adopted by the respondents. (AJAI LAMBA) September 28, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?