Civil Writ Petition No.20247 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20247 of 2010 Date of decision:- 28.7.2011 Gurpreet Singh ...Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. J.P.S. Sidhu, Advocate for the petitioner. Ms. Kavita Arora, AAG Punjab. RITU BAHRI J.(Oral) Petitioner's father late Shri Chamkaur Singh was working as Malli- cum-Chowkidar with the respondent-Department and died on 2.7.2009. An application was moved on 16.11.2009 (Annexure R-1) for appointment on compassionate grounds. The petitioner disclosed the Dependent Certificate (Annexure R-2) dated 13.11.2009. As per this certificate legal heirs of the deceased were widow Balbir Kaur, sons Manpreet Singh aged 28 years, Gurpreet Singh aged 26 years and Jagdeep Singh aged 23 years and daughter Davinder Kaur aged 20 years. Subsequently, he had moved an amended application (Annexure R-3) on 5.5.2010. In this application it was mentioned that Manpreet Singh, the elder brother was missing and a rapat No.7 dated 6.8.2009 was registered at Police Station Nihal Singh Wala. On this amended application information was sought from the Deputy Commissioner and on the opinion of the District Attorney, the deceased was declared dead after seven years from 6.8.2009 and the case was to be kept pending unless he was declared dead. Civil Writ Petition No.20247 of 2010 -2- The object of giving compassionate appointment in the family members of the deceased only to help them to overcome the minimum distress of the family, who is in the shock of death of Chamkaur Singh. In the present case petitioner's father Chamkaur Singh was died on 2.7.2009 and his elder brother is also missing. Due to this the legal heirs of the deceased Chamkaur Singh namely widow Balbir Kaur, sons Manpreet Singh aged 28 years, Gurpreet Singh aged 26 years and Jagdeep Singh aged 23 years and daughter Davinder Kaur aged 20 years cannot be held up for seven years till Manpreet Singh is declared dead. The order dated 1.7.2010 (Annexure R-6) is hereby set aside and a direction is given to the respondents to consider the case of the petitioner on compassionate ground in view of the policy passed by passing a speaking order within six weeks from the date of receipt of certified copy of this order. Disposed of. July 28, 2011 ( RITU BAHRI ) Vijay Asija JUDGE