R.L. Anand, J. - (1.) Smt. Beant Kaur is the widow or Pritam Singh deceased. She has made a prayer through this writ petition under Articles 226 and 227 of the Constitution of India that a writ in the nature of mandamus be issued against the respondents directing them to appoint the petitioner against some suitable post on compassionate ground after regularising the services of her husband Shri Pritam Singh, who died in harness:
(2.) The case set up by the petitioner is that her husband was appointed on 4th November, 1986 in the office of Executive Engineer, Public Health (PWS) Division, Sangrur. On 7th May, 1993 respondent No. 1 had issued a policy of regularisation of ad hoc/work -charge/casual daily employee and as per the policy, the daily wage employees who had completed 10 years of service were entitled to be regularised. On 21st August, 1997, respondent No. 3 recommended the case of the husband of the petitioner for his regularisation to respondent No. 2 vide Annexure P -2. The husband of the petitioner unfortunately expired on 30th November, 1997 but the formal order of regularisation of his services could not be issued due to the administrative and procedural delay. It is alleged by the petitioner that she is Matriculate. She made an application on 2nd January, 1998 before the respondent No. 4 seeking appointment on compassionate ground as her husband had died during the course of the service. On 23rd February, 1998, respondent No. 5 wrote a letter to respondent No. 4 for seeking appointment of the petitioner as she was unable to maintain herself and to maintain other family members as they were fully dependent upon the income of the deceased. On 11th March, 1998, some information was sought by respondent No. 4 which were duly complied with. On 15th March, 1998, as per the directions of respondent Nos. 4 and 5, the petitioner moved an application for seeking appointment on compassionate ground which was duly recommended by the Junior Engineer concerned and on 23rd February, 1998, the petitioners case was again recommended by respondent No. 5 to respondent No. 4. In spite of the correspondence made by the petitioner,' no relief has been granted to her. Resultantly , she served a legal notice on 3rd December, 1998. With this background the petitioner has made the above prayer.
(3.) Notice of the writ petition was given to the respondents. The submissions of the respondents can be reflected through paragraph 3 of the written statement which runs as follows : - "That policy issued by Punjab Government vide his letter No. 11/18/88 -4PP - HI/7244 dated 7.5.1993 relates to Department of Personnel and Administrative Reforms (Personnel Policies -3 Branch) but no respondent No. 1 i.e. Secretary Department of P. W.D. (Public Health), Punjab, Chandigarh, According to para (vi) of above policy only those workers were to be considered for regularisation with effect from 1.9.1992 who have completed 10 years of more service on 31.8.1992. But late Sh. Pritam Singh son of Sh. Kaka Singh was engaged as fitter coolie on 4.11.1986. He had completed 10 years service on 3.11.1996 and expired on 30.11.1997. The name of the husband of the petitioner was sent to the Chief Engineer, Punjab, Public Health Patiala, vide Superintending Engineer, Public Health (RWS), Circle, Sangrur No. 8329 dated 21.8.1997 for regularisation on completion of 10 years service as on 31.12.1996. But the government had not framed any policy in the year 1996 for regularisation of daily worker. As such, he could not be regularised as the petitioner was negligible to be considered for regularisation in terms of the policy letter dated 7.5.1993 Annexure P -3.";