- (1.) Shri N.C. Prasher, Judicial Magistrate 1st Class, Jagraon, was gunned down by the militants on 3rd December, 1990. His son Mr. Rajiv Prasher-petitioner in the present writ petition, approached the State Government for being appointed to the Punjab Civil Service (Executive Branch) as he was qualified for such appointment, and in accordance with the policy decision of the State Government, sons of late Shri R.P. Gaind and Shri H.R. Kaushik, who were also similarly shot dead by the terrorists, had also been appointed to the P.C.S. (Executive Branch). The request of the petitioner was found genuine and duly covered by the policy decision of the State Government by the Acting Chief Justice and was thereupon forwarded by the Registrar of this High Court to the Government on 26th April, 1991. Almost two years have elapsed, yet the petitioner has not been appointed to the P.C.S. (Executive Branch) so far, despite completion of all the necessary formalities, including the medical examination of the petitioner, etc., as also personal request having been made by the Chief Justice of this Court to the Governor, vide ademi-official letter dated 13th December, 1991. Ultimately, the petitioner has approached this Court on the judicial side for the issueance of the writ of mandamus to achieve the same objective.
(2.) In para 10 of the written statement filed by the State Government (reproduced below), the factual position has been admitted, but the matter is still said to be under active consideration of the State Government; " Paragraph 10. Admitted to the extent that the petitioner has completed the minimum age for entry to the Punjab Civil Service (Executive Branch) cadre and an assurance was given to the petitioner through the Department of Home Affairs and Justice to the effect that his name would be considered for appointment to the Punjab Civil Service (Executive Branch) as and when he attained the minimum age for entry to the service as prescribed in the Punjab Civil Service (Executive Branch) (Class 1) Rules, 1976. On the basis of this assurance, the case of the petitioner for appointment to the Punjab Civil Service (Executive Branch) has been under the active consideration of the Government. Now the State Government has decided to place this matter before the Council of Ministers for taking a final decision on this case."
(3.) Since the matter has already been delayed for a considerable period, we allow this petition and direct the Chief Secretary to Government, Punjab, to place the matter before the Council of Ministers for taking final decision, and issue the appropriate order expeditiously, preferably within two months. Order accordingly.;