CWP No.15609 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15609 of 2009 Date of Decision: 06.10.2010 **** Anuj Goyal ... Petitioner VS. General Insurance Co. Ltd. & Ors. …Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Subhash Ahuja, Advocate for the petitioner Mr. DR Bansal, Advocate for respondents No.2 to 4 ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the orders dated 22.12.2006 and 08.01.2007 (Annexure P7 & P6, respectively), whereby his claim for appointment on compassionate grounds has been turned down by the respondent-Insurance Company. (2). Facts in brief are that the petitioner is a qualified Chartered Accountant. His father was serving on the post of Assistant Administrative Officer with the Respondent-Insurance Company at Hisar when he died in harness on 31.05.2002. The petitioner applied for his appointment on compassionate grounds within a period of two CWP No.15609 of 2009.doc - 2 – months of his father’s death but his application has been turned down vide the above-mentioned impugned orders on the ground that the petitioner does not deserve appointment on compassionate grounds “keeping in view all the relevant points… …” (3). Suffice it to say that the alleged ‘relevant points’ have not been disclosed. However, one of the objection taken by the respondents is that the petitioner’s appointment to the post of Administrative Officer under the ex gratia policy is contrary to the Policy (Annexure P11) governing appointments on compassionate grounds which, inter alia, provides for :- xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx (a) WIDOW OF EMPLOYEES WHO DIE WHILST IN SERVICE: If she is not earning and has completed 18 years of age but is not above 45 years of age, she may be recruited as:- 1. Assistant: If she has passed SSC or its equivalent (or higher examination below graduation level) examination with 45% marks and has knowledge of English. CWP No.15609 of 2009.doc - 3 – 2. Record Clerk: If she has passed minimum SSC or its equivalent examination with less than 45% marks and provided she has knowledge of English. 3. (i) Peon: Provided she has passed 7th standard (ii) Other Sub Staff: Provided she has ability to perform the duties efficiently. The appointment will be subject to satisfactory medical report. xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx (4). It is thus apparent from the above that the petitioner though may not be entitled to seek appointment as Administrative Officer but his claim for appointment to the post of Assistant, especially keeping in view the professional qualification possessed by him, can be considered by the respondents as per the policies. (5). That apart, the impugned orders being wholly cryptic cannot sustain in law and deserve to be quashed. (6). For the reasons afore-stated, the writ petition is allowed; the impugned orders dated 22.12.2006 and 08.01.2007 (Annexure P7 & P6, respectively) are hereby quashed and the respondents are directed to re-consider the petitioner’s claim for appointment to the post of Assistant on compassionate grounds within a period of three CWP No.15609 of 2009.doc - 4 – months from the date of receipt of a certified copy of this order. (7). Ordered accordingly. (8). Dasti . 06.10.2010 vishal shonkar (SURYA KANT) JUDGE