Prince vs State of Punjab and others

JITENDRA CHAUHAN, J.

This writ petition under Articles 226/227 of the Constitution of India has been filed for the issuance of a writ, in the nature of certiorari quashing the

impugned orders dated 07.06.2016 and 22.06.2016 passed by respondent Nos.2 and 3 (Annexures P-9 and P-10) and for directing the respondents to

consider the claim of the petitioner for compassionate appointment in the light of Government Notification dated 21.11.2002 (Annexure P-12) and

instructions dated 18.07.2005 (Annexure P-13)

Learned counsel for the petitioner states that at this stage he would be satisfied, if a direction is issued to respondent No.1- Principal Secretary,

Department of Irrigation, Civil Secretariat-1, Punjab, Chandigarh to consider and decide the representation dated 26.07.2017 (Annexure P-11) in the

light of notification dated 21.11.2002 and instructions dated 18.07.2005 (Annexures P-12 and P-13 respectively).

Heard.

In view of the above, without adverting to the merits of the case, the present petition is disposed of with a direction to respondent No.1-Principal

Secretary, Department of Irrigation, Civil Secretariat-1, Punjab, Chandigarh to consider and decide the representation dated 26.07.2017 (Annexure P-

11) in the light of notification dated 21.11.2002 and instructions dated 18.07.2005 (Annexures P-12 and P-13 respectively) within six weeks from the

receipt of the certified copy of the order. In case, on consideration, the competent authority reaches to the conclusion that the benefit claimed by the

petitioner is admissible to him, in such eventuality, the consequential relief be allowed to him, within a period of six weeks thereafter. However, in case

the competent authority feels that the relief claimed by the petitioner is not admissible to him or made out, in that case, a speaking order be passed in

the matter.