YOGESH KUMAR KAUNDAL Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2012-10-617
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 01,2012

YOGESH KUMAR KAUNDAL Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Appellant's mother Chanchala Devi was working as Junior Assistant in Sub Tehsil, Talwara, District Hoshiarpur. She expired in harness on 01.07.2006 and left behind her husband Karnail Singh working as Patwari, son (appellant) and daughter Nidhi Kaundal.
(2.) The appellant, who was B.Sc. at that time, made an application to the Deputy Commissioner, Hoshiarpur for employment on compassionate ground under the priority scheme, commensurating with his educational background. Although, Tehsildar and SDM, Mukerian recommended the case of the appellant for compassionate appointment, yet the matter was not allegedly finalized by the Deputy Commissioner which led to the service of a legal notice and filing of CWP No.6956 of 2011, which was disposed of on 25.04.2011 directing the respondents to consider and decide his claim within a period of three months. The appellant also filed COCP No.2810 of 2011, but after the receipt of order of this Court dated 25.04.2011, fresh inquiry was ordered by the Deputy Commissioner (respondent No.2). The SDM, Mukerian submitted his inquiry report on 07.10.2011 but respondent No.2 did not agree with the recommendation and rejected the claim of the appellant. Aggrieved against that order, the appellant had preferred CWP No.8443 of 2012 which has been dismissed by the learned Single Judge on 07.05.2012, against which the present appeal has been filed.
(3.) Counsel for the appellant has submitted that respondent No.2 as well as the learned Single Judge have failed to appreciate the inquiry report (Annexure P-9) which clearly shows that the appellant is in need of employment because of his weak financial position. It is also submitted that his father is a drunkard, intends to marry again and is not looking after the appellant who is spending his life in penury.;


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