TULSI Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-5-296
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 23,2011

TULSI Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Augustine George Masih, J. - (1.) PRAYER in the present writ petition is for quashing of the order dated 14.8.2010 rejecting the claim of the Petitioner for appointment on compassionate grounds, for the reason that her application for appointment was beyond the period of one year prescribed for making such application as also on the ground that the earlier application dated 19.11.2003 submitted by the Petitioner stood rejected on 22.8.2006, which is also under challenge in the present writ petition, where again the claim of the Petitioner for compassionate appointment was declined on the ground of non -receipt of verification report of her middle class certificate which was submitted by the Petitioner.
(2.) BRIEFLY the facts of the case are that the husband of the Petitioner, who was working as an Orderly under the District and Sessions Judge, Bathinda, had expired on 5.11.2003. The Petitioner applied for appointment on compassionate grounds vide application dated 19.11.2003 enclosing therewith a copy of the 8th class pass certificate. On 14.1.2004, she was directed to submit an affidavit that she was dependent on her husband and then on 20.2.2004, she was called upon to produce the original certificate of 8th class pass and also submit an application in the specified Performa. The needful was done by the Petitioner and then on consideration of the claim of the Petitioner, an Endeavour was made by the District and Sessions Judge, Bathinda, to verify the authenticity of the certificate of the Petitioner issued by Shri Nepal Rastria Secondary School, Rangai, Dubia and Kapilvastu. As the said certificate did not bear any serial number or registration number, doubt was created with regard to the authenticity of the same. A letter dated 1.3.2004 was sent to the Headmaster of the School with a request to send the copies of admission form and record showing the admission of the Petitioner. Thereafter, reminders dated 7.5.2004, 22.7.2004, 2.9.2004 and 7.10.2004 were sent to the Headmaster. The Headmaster sent a letter intimating that without the caste and address of the student, the admission record cannot be traced and requested to send a photocopy of the caste certificate and complete address. The Petitioner was called upon to inform about her caste and address vide letter dated 23.11.2004. She then appeared on 26.2.2005 and informed about her caste as Tandon (Khatri) and also gave her residential address as Gursinghe Kapilvastu, Mohalla Ward No. 8, Bazar Gursinghe, Nepal, Village Ranga, Zone Lumbini, District Kapilvastu. Letter dated 3.3.2005 was sent to the Headmaster of the School giving the details, as informed by the Petitioner, but no reply was received from him despite subsequent reminder dated 5.8.2005, however, the same was taken by the Petitioner dasti.
(3.) A photocopy of the document submitted by the Petitioner was sent to the Sr. Superintendent of Police, Kapilvastu, Nepal, vide office letter dated 6.10.2005 to verify the genuineness and obtain report as to whether the Petitioner had acquired the qualification from the said school or not. Reminders dated 19.11.2005, 21.1.2006, 16.3.2006, 22.5.2006, 28.6.2006 and 27.7.2006 were sent to the Sr. Superintendent of Police, Kapilvastu, but no response was received. The Petitioner also did not submit any report from the school regarding the genuineness of her educational qualification nor any report was received from the Sr. Superintendent of Police, Kapilvastu.;


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