IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.WP No. 14826 of 2010. [O&M] Date of Decision: 16th August, 2011. Gurpal Singh & Ors. Petitioners through Mr. Sanjeev Sharma, Advocate Versus State of Punjab & Ors. Respondents through Ms. Sudeepti Sharma, DAG, Punjab. 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? SURYA KANT, J. [ORAL] The petitioners are working as Candidate Ziledars in the respondent Department since 07.09.2001. All of them have been appointed on compassionate grounds due to demise of the sole bread-earners of their respective families. The petitioners though after successfully undergoing the training have passed the departmental examination but they have been refused the status of regular Ziledars on the plea that as per the administrative decision dated 08.09.2000 [Annexure P-15], the post of Ziledar falls in Group 'B' against which no appointment on compassionate grounds can be made. The petitioners have countered the aforementioned plea raising two fold contentions. Firstly, they urge that the service conditions of Ziledars are governed by the Punjab Public Works Department [Irrigation Branch] Ziledars' State Service Class III Rules, 1955 which are still in force as admitted by the respondents in the Memo dated 07.03.2001 [Annexure P-17] and as per these Rules, the post of Ziledar is of a Class-III category and that unless the Rules are amended and the posts are up-graded, the respondents can not refuse appointment on compassionate ground against the post of Ziledar, if a candidate is otherwise entitled to. Secondly, the petitioners have in Para No. 17 of the writ petition averred that Ms. Balwinder Kaur, Vishal Sharma, Kanwar Harjit Singh and Ms. Kuldip Kaur have been appointed on compassionate grounds as regular Ziledars vide orders dated 13.10.2006, 18.10.2006, 18.10.2006 and 28.05.2007, i.e., much after the petitioners. In Para No. 13 of their reply, the respondents have stated to the following effect:- “13. That the contents of Para No. 13 are wrong, hence denied. Balwinder Kaur, Vishal Sharma, Kanwar Harjit Singh, Kuldeep Kaur were appointed on regular basis against the post of Ziledar vide order dated 13.6.2006, 18.10.2006 and 28.05.2007 respectively. The said Ziledar have been placed in the seniority list being regular Ziledar. The petitioners were only candidate Ziledar and they can not be placed in the seniority list of Ziledar. The name of the petitioners, referred to the Government for regularization. The Government rejected the claim of the petitioners vide letter dated 15.6.2010. The copy of the same is annexed as Annexure R-1. The appointment of the petitioners on compassionate ground is not in order as per Government policy dated 5.2.1996. In this regard the inquiry Officer has been appointed regarding appointment on compassionate grounds. They fall under the category 'C' and they are not eligible for the post of Ziledar”. [Emphasis applied] If there were a merit-list or priority list for appointments of the dependents of the Government employees who died in harness, the petitioners would have been admittedly placed above the above- stated four candidates. In other words, if these four candidates appointed on compassionate grounds later in point of time have been offered appointments on regular basis, there is no rhyme or reason to discriminate with the petitioners. The action of the respondents in this regard does not stand the scrutiny of reasonableness within the meaning of Articles 14 and 16 of the Constitution. For the reasons aforementioned, the writ petition is allowed and the respondents are directed to consider the claim of the petitioners for appointment as Ziledars on regular basis on compassionate grounds w.e.f. the due dates. The needful shall be done within a period of three months from the date a certified copy of this order is received. Disposed of. Dasti. August 16, 2011. ( SURYA KANT ) dinesh JUDGE