SURESH KUMAR Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) This is a petition filed under Art. 226 of the Constitution of India whereby Suresh Kumar-petitioner has prayed for the issuance of writ of mandamus directing the respondents to provide him compassionate appointment on account of the death of his father, who died on 21.8.1992, while in the employment of Post Graduate Institute of Medical Education & Research, Chandigarh (hereinafter to be referred as PGI) as Supervisor.

(2.) Facts of the case briefly stated are:-

(3.) PGI is a "State" within the meaning of Art. 12 of the Constitution and is amenable to the writ jurisdiction of this Court. It was set up by the Punjab Govt, in the year 1963 on the reorganisation of the composite State of Punjab. With effect from 1st Nov., 1966, PGI vested in the Central Government because of the enactment of the Post Graduate Institute of Medical Education & Research, Chandigarh Act, 1966. PGI is a body corporate. It has perpetual succession and common seal. As per Sec. 25 of the said Act, the PGI shall carry out such directions as may be issued to it from time to time by the Central Govt, for efficient administration of the Institute. As such, the PGI is bound to follow the instructions of the Central Govt, on the policy of compassionate appointments. Annexure P8 is the policy of compassionate appointments evolved by the Central Govt, for the benefit of the families of Govt, servants dying in harness.