IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 9802 (O&M) of 2008 Date of Decision: 23.3.2009 Ram Sanjeevan ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. V.K. Shukla, Advocate for the petitioner. Mr. B.S. Chahal, DAG, Punjab. *** PERMOD KOHLI.J (ORAL) The father of the petitioner was working as Mali-cum- Chowkidar in the office of Sub Divisional Magistrate, Moga. He died in harness on 14.10.2007. The petitioner, one of the sons of the deceased employee applied for compassionate appointment. The Deputy Commissioner, Moga issued a certificate dated 3.1.2008 indicating that the petitioner is engaged in doing the business on a Rehri and the another son of the deceased is working on a shop. Both the sons including the petitioner are married. It is stated that both the sons are doing labour work. Income of the petitioner and his brother is not disclosed. The Deputy Commissioner as a competent authority considered the case of the petitioner for compassionate appointment and rejected the claim of the petitioner vide order dated 26.3.2008 only on the ground that case is not covered under instructions. It is this order, which is under challenge in the present petition. CWP No. 9802 (O&M) of 2008 -2- In the reply filed, it is stated that the petitioner was not dependent upon the deceased employee as he is married and is having independent source of income, however, no reason is recorded in the impugned order. None of the parties have placed on record the income of the petitioner or the family of the deceased. The impugned order is totally non-speaking. This petition is accordingly allowed. Impugned order (Annexure P-6) is hereby quashed and the case is remitted back to the competent authority to pass a fresh order after affording a reasonable opportunity to the petitioner of being heard. However, petitioner shall have the liberty to supply relevant material to the competent authority regarding his income as well as the income of the family of the deceased. Let the process of reconsideration be completed within a period of four months from the date certified copy of this order is served upon the competent authority. Disposed of as such. (PERMOD KOHLI) JUDGE 23.3.2009 lucky