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The petitioner sought compassionate appointment in place of his father, who died in harness on 18.07.2001 while serving as a Conductor with PEPSU Road Transport Corporation (PRTC). The petitioner was a minor aged 10 years at the time of his father's death and applied for compassionate appointment only after attaining majority, submitting his first application on 21.11.2009, approximately nine years after his father's demise. The claim was ultimately rejected by the respondent-PRTC vide order dated 28.01.2019 on the ground that the application was filed beyond the prescribed period of one year stipulated under the Punjab Government policy on compassionate appointments dated 21.11.2002.
The respondents relied upon the Supreme Court's ruling in Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138, contending that compassionate appointment is intended to tide over sudden financial crisis occasioned by the death of the breadwinner, and that belated applications undermine the very object of the scheme. The respondents further urged that neither the widow nor any family member had applied within the six-month window prescribed under Clause 13 of the Compassionate Appointments Policy-2002, and the prolonged delay of nine years suggested the absence of any immediate financial crisis warranting compassionate appointment.
The High Court examined the petition filed under Articles 226/227 of the Constitution of India seeking quashing of the rejection order and a direction to consider the petitioner's claim. The Court considered the petitioner's submission that the delay was attributable to his minority at the time of his father's death and that his mother could not immediately pursue the claim, weighing these circumstances against the statutory framework and settled legal principles governing compassionate appointment.
Catchwords:
compassionate appointment
death in harness
delay in application
minority of applicant
Punjab Government Compassionate Appointments Policy 2002
financial crisis
certiorari
Articles 226 and 227
PEPSU Road Transport Corporation
time limitation
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Full Judgment Text
```json
{
"title": "Amritpal Singh vs Pepsu Road Transport Corporation and others",
"case_number": "CWP No.2943 of 2021",
"side": "service",
"date_of_judgment": "2024-12-13",
"bench": "Hon'ble Mr. Justice Namit Kumar",
"reportable": false,
"parties_petitioner": "Amritpal Singh",
"parties_respondent": "Pepsu Road Transport Corporation and others",
"result": "dismissed",
"headnote": "The petitioner sought compassionate appointment in place of his father, who died in harness on 18.07.2001 while serving as a Conductor with PEPSU Road Transport Corporation (PRTC). The petitioner
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