CWP-13146 IN TH 205 Sunita Rani @ Punjab State CORAM: Present : HARPREET 1. of the Consti the nature of petitioner for husband- Gur a prayer has pension along the date of hi 1 146-2020 N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o Rani @ Kushpreet Kaur VERSUS State Civil Supplies Corporation Limi HON'BLE MR. JUSTICE HA Mr. Amrindra Pratap Singh, Adv Mr. H.S. Randhawa, Advocate f Mr. Amit Dhawan, Advocate for REET SINGH BRAR, J. (Oral) The present writ petition has be Constitution of India for issuance of ure of mandamus directing the respon ner for appointment on compassiona Gurpal Singh, who was an employe r has been made for directing the resp n along with other service benefits acc e of his death along with arrears and in NJAB AND HARYANA DIGARH CWP-13146-2020 Date of Decision: February 20, 2026 .....Petitioner SUS n Limited (PUNSUP) and others ..Responden HARPREET SINGH BRAR , Advocate for the petitioner. cate for respondents No.1 and 2. ate for respondent No.3. has been filed under Articles 226/227 ce of an appropriate writ or order in respondent authorities to consider the nate in lieu of the death of her ployee at PUNSUP, Mansa. Further, he respondent-PUNSUP to release the its accrued to her husband w.e.f. from and interest @ 12% per annum. 2026 itioner ondents 6/227 der in er the of her rther, se the . from PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 CONTENTI 2. petitioner's la died in harne the deceased disputed. D compassionat other service seven years submitted tha to domestic v matrimonial verge of des compelled he her brother- death of her coercion, in o the responde either. Subse the petitione applicable po 3. submits that no objection 2 146-2020 ENTIONS Learned counsel for the petition ner's late husband, a regular employe harness on 13.07.2018. The petitione ceased employee, and the validity of d. Despite this, neither has her ssionate grounds been considered no ervice benefits been released to her ti years have elapsed since the death ted that after the demise of her husban estic violence at the hands of her in onial home. She is stated to be in acu of destitution. Learned counsel furt lled her to furnish an undertaking stat -in-law was appointed on compa of her husband. The said undertakin n, in order to maintain peace with her pondent–PUNSUP did not consider t Subsequently, being the dependent wi titioner applied for compassionate ble policy. Per contra, learned counsel s that the petitioner gave an undertaki ection if her brother-in-law is consider etitioner, inter alia, submits that the ployee of the respondent–PUNSUP, titioner is the legally wedded wife of dity of the marriage has never been s her claim for appointment on ed nor have the family pension and her till date, even though more than death of her husband. It is further husband, the petitioner was subjected her in-laws and was ousted from her in acute financial distress and on the l further contends that her in-laws g stating that she had no objection if compassionate grounds in lieu of the rtaking was submitted by her under ith her matrimonial family. However, sider the claim of the brother-in-law ent widow of the deceased employee, onate appointment in terms of the unsel for the respondent–PUNSUP dertaking stating that she would have nsidered for compassionate instead of at the SUP, ife of been t on n and e than urther jected m her on the laws tion if of the under ever, law loyee, f the NSUP have ead of PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 her. Howeve she may her containing t compassionat missing, thus informed ab petitioner, m that Navneet service bene majority. 4. Department o that in case heirs/depende concerned Di compassionat Commissione account of th from the con informed of t approached t disputed ques in exercise o India, and the 3 146-2020 owever, on 28.08.2018, she withdrew ay herself be considered. The petiti ing the list of necessary docum ssionate appointment. It was discover g, thus, vide letter dated 05.11.2019 ed about it. Meanwhile, responden ner, moved representations before re avneet Kaur, minor daughter of the benefits and that the job be reserv Further, instructions dated ment of Personnel, Government of P case of multiple claimant/depende ependents and a legal heir/depend ned District Commissioner as must be ssionate appointment. As such, the ma issioner, Mansa, who vide his reply d t of the family feud, the dependent/le he concerned Civil Court. The petitio ed of this as well. However, instead o ched this Court. It is further contende d questions of fact, which cannot be cise of its writ jurisdiction under Art and therefore the petition deserves to b hdrew her consent and requested that petitioner was provided a booklet documents for consideration for scovered that certain documents were .2019 (Annexure P-5), she was duly ondent No.3- mother-in-law of the fore respondent-PUNSUP requesting of the deceased, be considered for reserved till she attains the age of ated 19.09.2002 issued by the t of Punjab (Annexure R-1) required ependents, an NOC from all legal ependent certificate issued by the ust be submitted to be considered for the matter was referred to the District eply dated 07.11.2019, stated that on dent/legal heir certificate be obtained petitioner and respondent No.3 were stead of complying, the petitioner has ntended that the present case involves ot be adjudicated upon by this Court er Article 226 of the Constitution of es to be dismissed. Be that as it may, that ooklet n for were s duly f the ng d for ge of the quired legal y the ed for istrict hat on tained were er has olves Court ion of t may, PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 learned coun that no cha pending again 5. petitioner, su Navneet Kau No.3 is maint financial help benefits of th No.3 and the petitioner has to any conce counsel conc the remarriag majority, N compassion OBSERVAT 6. the record controversy h matrimonial Court is limi service bene compared to 4 146-2020 counsel for the respondent–Corpora o charge-sheet, disciplinary proceed g against the deceased employee at the Learned counsel for responden ner, submits that the petitioner has et Kaur, who is presently residing wit maintaining her and providing her wi al help provided by her younger son s of the service of the deceased deser nd the minor daughter of the petitioner ner has failed to disclose the factum of concessions arising out of death of t l concedes that no documentary evide arriage of the petitioner. He furthe ty, Navneet Kaur may be cons ssionate grounds. RVATIONS AND ANALYSIS Having heard learned counsel fo cord with their able assistance, i versy has arisen out of filial discord onial family. Be that as it may, it is c is limited to ascertaining the eligibilit benefits and for consideration for red to other dependents. As such, the orporation could not dispute the fact roceedings, or criminal case were at the time of his death. ondent No.3- mother-in law of the r has deserted her minor daughter ng with respondent No.3. Respondent her with good education with only the er son- Mukhpal Singh. As such, the deserve to be released to respondent itioner. It is further contended that the tum of her remarriage, disentitling her th of the deceased. However, learned evidence is available with respect to further submits that upon attaining considered for appointment on nsel for the parties and after perusing nce, it transpires that the present scord between the petitioner and her it is clarified that the mandate of this igibility of the petitioner for grant of n for compassionate appointment as h, the issues concerning custody and e fact were of the ghter- ndent ly the h, the ndent at the ng her arned ect to aining t on rusing resent d her of this ant of ent as y and PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 maintenance allegedly resi  7. and not a rig only be made purpose behi deceased em incapacitation financial reas demise or in standard of concerning c by the Hon’b (2009) 11 SC 8. employee, th her brother- her. Howeve withdrawn by to consider h hand, the mo the responde Navneet Kau 5 146-2020 nance of Navneet Kaur, the minor da ly residing with respondent No.3, shal Compassionate Appointment It is settled law that compassion t a right. Notably, a claim towards c e made if the applicable Rules or instr e behind providing this concession is ed employee is not rendered destitu citation. Furthermore, such appointmen al reasons, which must be understood or incapacitation of the breadwinn rd of living. Since it allows for ning compassionate appointment are t Hon’ble Supreme Court in Uttaranch 1 SCC 453. In that spirit, it transpires that u ee, the petitioner submitted an underta -in-law is considered for compas owever, the same was obtained und awn by her. Rather, the petitioner requ sider her for appointment on compas the mother-in-law of the petitioner i.e pondent-PUNSUP requesting it to re et Kaur, for when she attains the age nor daughter of the petitioner, who is 3, shall not be ventured into. assionate appointment is a concession ards compassionate employment can r instructions provide for it. The sole ion is to ensure that the family of the destitute upon his sudden death or intment may only be made in view of erstood as foreseeable poverty due to dwinner, and not a mere change in for a side-door entry, the Rules t are to be interpreted strictly, as held nchal Jal Sansthan v. Laxmi Devi, that upon the death of the deceased undertaking expressing no objection if ompassionate appointment instead of ed under coercion and subsequently er requested the respondent-PUNSUP ompassionate grounds. On the other ner i.e. respondent No.3 approached it to reserve the said concession for e age of majority. The opposition of ho is ession nt can le of the ath or iew of due to ge in Rules s held evi, eased tion if ead of uently NSUP other ached n for ion of PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 respondent N material has petitioner. T Protection of her from rec deceased em considering t requisite doc 19.09.2002 ( below: 6 146-2020 dent No.3 appears to be based in priv al has been brought to the fore to ner. The factum of the petitioner fi tion of Women from Domestic Violen m receiving the benefits meant for t ed employee. In fact, the responden ering the case of the petitioner till it te documents i.e. the NOC, as ma 002 (Annexure R-1). The relevant p “1.) If the Government the dependent in the GPF st record, such nominated depend compassionate appointment af employee. 2.) In pass such nomi compassionate appointment a dependents of the deceased e nominated one dependent can doubt, or where the claimant d the appointing authority must magistrate for determining compassionate appointment. Magistrate shall:- (i) Call all the claima dependents i.e. Wi adopted sons, adop (ii) Record Statement their consent for favour of the candid (iii) Consider the eligib candidate in the instructions on th issued from time to in private discord alone as no cogent ore to establish ineligibility of the ner filing an application under the iolence Act, 2005 does not disentitle t for the legally wedded wife of the pondent-PUNSUP was also actively till it was obstructed by the lack of as mandated by instructions dated vant part of the same is reproduced ent employee had nominated any of F statement or any other service pendants should be considered for t after the death of Government ominated person is not eligible for nt as per policy instructions, all ed employee should unanimously candidate eligible in case of any ant dependents are more than one, ust refer the matter to the district ning the real dependent for In all such cases the District laimants in his court including all . Widow/Widower/sons, daughters, dopted daughters. ent of each dependent and obtain for compassionate appointment in andidate of their choice. ligibility of each claimant/proposed the light of Government policy n the compassionate appointment e to time. ogent f the er the entitle of the tively ck of dated duced y of vice for ent for , all usly any ne, trict for trict all ters, tain t in osed licy ent PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 9. R-1) contain employed wh appointment. suggested tha further harass the helm of th 10. the deceased 7 146-2020 (iv) Adjudge eligibility keeping in view the Service, qualificatio family. Priority position would be in the (a) Widow/Widower; (b) Unmarried Son; (c) Unmarried Daught (d) Married Son, if livi separately property and o E. Strictly ensure and of the family before issuin compassionate appointme policy instructions issued The legal authority issued after following the proced treated as suitability for c 4.) In all such cases, th compassionate appointment mus he or she shall discharge his/her other dependents of the deceased It appears that the instructions ontain a clear stipulation regarding ed while considering multiple depend tment. However, in spite of the s ted that the matter be settled by the harassment and undue hardship to the m of the priority order. Further still, the legality of the ceased has not been challenged a ility and suitability of the candidates the age for entry into Government ications, and priority position in the in the following order :- er; ughter; f living in joint family and if living nd other interests are common. and ascertain the financial position suing the legal authority for the ntments as per the provisions of ued by the State Government. sued by the District Magistrate ocedure laid down above, may be for compassionate appointment. es, the dependent who is offered must execute an undertaking that s/her responsibilities as guardian of eased employee.” (emphasis added) uctions dated 19.09.2002 (Annexure rding the order of precedence to be ependents for grant of compassionate the same, the District Magistrate y the concerned Civil Court, causing to the petitioner, who is otherwise at of the marriage of the petitioner and ged and the claims regarding her ates ent the tion n of exure to be ionate istrate ausing ise at er and g her PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 remarriage h of any mater wife of the d for responde policy which majority. The (2000) 7 SCC with reserved provision allo Magistrate w instructions d eligible for pr  11. encashment, or his depen employer. Su tangible sens the immediat such, it is pe in the case at in service, a respondent- unavailability 8 146-2020 iage have remained admittedly unsubs material to prove otherwise, the pet f the deceased and must be treated as pondent No.3 has not illustrated an which allows for reservation of a post ty. The Hon’ble Supreme Court in Sa SCC 192 has categorically held tha served till an applicant attains major on allowing for it. As such, it remain rate would hesitate from intervening tions dated 19.09.2002 (Annexure R e for priority-based consideration for c Release of terminal dues of the First and foremost, gratuit ment, EPF etc. are social security me dependents in view of the services er. Such service benefits provide c e sense of security to the bereaved fam mediate financial hardship and rebui t is pertinent that the dues are released case at hand, the husband of the petiti ice, and yet she has not received -PUNSUP has claimed that the d lability of certain necessary docu unsubstantiated. Thus, in the absence he petitioner is the lawfully wedded ted as such. Further, learned counsel ted any provisions in the applicable a post for a minor child till she attains Sanjay Kumar vs. State of Bihar, eld that a vacancy cannot be reserved majority in the absence of a specific emains unclear as to why the District ening and exercise his powers under re R-1) when the petitioner is clearly n for compassionate appointment. f the deceased gratuity, pension benefits, leave ity measures, granted to an employee vices rendered by him to the State vide continuity of livelihood and a ved family, enabling them to navigate rebuild their lives with dignity. As eleased in a timely fashion. However petitioner died on 13.07.2018, while eived the due service benefits. The t the disbursement was hampered by cuments. This Court finds it sence edded unsel icable attains har, served ecific istrict under learly leave loyee State- and a vigate ty. As ever, while . The ed by ds it PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 unacceptable benefits to th 12. the responde Corporation appears that t of leave enc employee w mandates ref lacunae. The “14. provid govern time C 13. however, sin the order of dues, an anal the devolutio in harness. Pe “(3) “ followi 9 146-2020 ptable to condone the delay of over s to the bereaved family of the decease Pertinently, the service disputes pondent-PUNSUP are governed by t ation Revised Service Regulations, 19 s that the bye-laws do not contain any ve encashment and other terminal ee who died in harness. However tes reference to the Punjab Civil Serv e. The same reads as under: Leave and other cognate matter In respect of leave, and other ovided for in these regulations, me verned by Punjab Civil Service Rul e Corporation frames its own leave The respondent-PUNSUP is a er, since no particular provision is av er of precedence amongst dependent n analogy can be drawn from Rule 6.1 olution of family pension to the famil ess. Pertinently, Clause 3 of Rule 6.17 3) “Family” for the purpose of llowing relatives of the Government (a) wife in the case of a ma husband in the case of a female (b) a judicially separated wife o being granted on the ground surviving was not held guilty of (c) sons upto the age of twenty- f over 07 years in release of service eceased employee. sputes arising out of employment with d by the Punjab State Civil Supplies ons, 1985 (hereinafter, ‘bye-laws’). It n any provision to monitor the release inal benefits to the family of the wever, Clause 14 of the Bye-laws il Service Rules, should there be any atters ther cognate matters not expressly s, members of the service shall be Rules (herein after PCS), till such eave rules.” is a non-pensionable establishment, n is available in the PCSR regarding endents for release of other terminal ule 6.17 of the PCSR, which governs e families of such employee who died le 6.17 of the PCSR reads as follows: of this scheme will include the ent employee: male Government employee and male Government employee; ife or husband, such separation not ound of adultery and the person y of committing adultery; -five years; ervice t with pplies s’). It elease f the laws e any ssly l be such ment, arding minal verns o died ows: the and not rson PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 14. that the spou employee. Fu instructions uniform legi benefits accr relatives that PCSR, have parents, plac widow and c R-1) categor successively merely proce heightened e directly depe 15. disbursing rooted in th destitution a employee. T 10 146-2020 (d) daughters upto the age of t their marriage but unmarried the family irrespective of their a (e) parents who were wholly employee, when he/she was employee had left behind neithe A perusal of the aforementione e spouse was intended to be prioritise Further, a conjoint reading of R tions dated 19.09.2002 (Annexure R legislative pattern in prioritising th s accrued post-death of an employ es that form a part of ‘family,’ as prov have been carefully curated to place , placed at the bottom, are only to and children. Likewise, the instructio ategorically assigns the highest pri sively by unmarried sons and daughte procedural but reflects a substantive ned economic and social vulnerabili dependent upon the earnings of the d The practice of granting compas ing service benefits to the family o in the same welfare philosophy, d tion and social dislocation caused ee. Though operating in distinct d of twenty-five years irrespective of ied daughters shall be included in eir age; and lly dependent on the Government as alive provided the deceased either a widow nor a child.” (emphasis added) entioned provision clearly highlights ioritised over parents of the deceased of Rule 6.17 of the PCSR and the xure R-1) reveals a consistent and sing the spouse with respect to any employee. Significantly, the list of as provided under Rule 6.17(3) of the place the spouse at the apex, while ly to be considered in absence of a tructions dated 19.09.2002 (Annexure st priority to the widow, followed aughters. This graded hierarchy is not antive policy choice, recognising the erability of the widow, who is most f the deceased employee. ompassionate appointment as well as mily of the deceased employee are phy, designed to mitigate financial aused by the sudden death of the inct domains, one governing retiral e of d in ent ased lights eased d the t and o any ist of of the while e of a exure lowed is not ng the most ell as e are ncial f the retiral PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 benefits and singular prin immediate b must receive objectives, ra Deepika Si two-Judge B purposive int (Leave) Rule even though stepchildren, the third chil through Dr. J “15. T constru this C approa 11 146-2020 s and the other compassionate emp r principle that the widow consti iate beneficiary. Tritely, beneficial a eceive a purposive and liberal cons ves, rather than defeat it by narrow Singh vs. Central Administrative dge Bench of the Hon’ble Supreme ive interpretation with respect to Rule ) Rules, 1972, limiting childcare leave hough the petitioner therein had cla ildren, she was entitled to maternity le rd child, in view of the beneficial natu h Dr. Justice D.Y. Chandrachud, the fo 15. The provisions of Rule 43(1) mu nstruction. In KH Nazar v. Mathew is Court noted that beneficial legis proach: "11. Provisions of a beneficial l with a purpose-oriented appro liberal construction to prom construction of the provisions o be avoided. It is the court's dut legislature in making the law ascertained, the statute shou functional interpretation. 12. In the words of O. Chinna statutory construction of benefi (Workmen case, SCC p. 76, para "4. The principles of st settled. Words occurring such as "social welfare e employment, they converge on a constitutes the primary and most icial and welfare-oriented provisions l construction so as to advance its arrow or technical interpretation. In tive Tribunal, 2022 (4) SCT 87, preme Court used the principle of Rule 43 of the Central Civil Services e leave to two children, and held that ad claimed childcare leave for two nity leave for her biological child i.e. al nature of such provisions. Speaking , the following as observed: ) must be imbued with a purposive thew K Jacob, (2020) 14 SCC 126 legislation must be given a liberal cial legislation have to be construed pproach. The Act should receive a romote its objects. Also, literal ns of a beneficial legislation has to duty to discern the intention of the law. Once such an intention is should receive a purposeful or nnappa Reddy, J., the principles of eneficial legislation are as follows: para 4) of statutory construction are well rring in statutes of liberal import are legislation and human rights" on a most isions ce its on. In 7, a le of rvices ld that r two ild i.e. aking sive 126 eral rued ve a teral s to f the n is or s of ws: well port hts" PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 CONCLUSI 16. can be a cata the dependen uncertainty. stability, edu 12 146-2020 legislation are not to b shrunk to Lilliputian di legislation's the imposture avoided and the prodigali recognised and reduced concerned with the "co "context" of such statutes from Lord Wilberforce's o In Prenn v. Simmonds WLR 1381 : (1971) 3 Al opinion Lord Wilberforce be left behind in some isl is to enquire beyond the matrix of facts in which th interpreted purely on int In one of the cases cited Kumar Verma v. Centr cum-Labour Court , we h Kumar Verma case, SCC "6. ..Semantic lux interpretation of Welfare statutes mu interpretation. Wh give relief against court is not to etymological excurs 13. While interpreting a statute the statute was designed to re and then a construction that advances the remedy should be a LUSION The untimely demise of the pri a catastrophic event, as it has the pote pendent family into a state of acu inty. Without a source of regular i y, education of children, and their v to be put in Procrustean beds or n dimensions. In construing these sture of literal construction must be igality of its misapplication must be uced. Judges ought to be more "colour", the "content" and the tutes (we have borrowed the words e's opinion [Prenn v. Simmonds, (1971) 1 3 All ER 237 (HL)] ). In the same force pointed out that law is not to e island of literal interpretation but the language, un-isolated from the ich they are set; the law is not to be internal linguistic considerations. cited before us, that is, Surendra entral Govt. Industrial Tribunal we had occasion to say : (Surendra CC p. 447, para 6) luxuries are misplaced in the of "bread and butter" statutes. s must, of necessity, receive a broad Where legislation is designed to inst certain kinds of mischief, the to make inroads by making xcursions.? " atute, the problem or mischief that o remedy should first be identified that suppresses the problem and be adopted." the primary breadwinner of a family he potential to instantaneously plunge of acute financial vulnerability and ular income, the family's economic their very sustenance is jeopardized. s or hese t be st be ore the ords 1) 1 ame t to but the o be ons. ndra nal- ndra the utes. road d to he king that ified and family lunge y and nomic dized. PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 Indubitably, overriding pr above every dependence. policy direct social justice 17. petition is all (i) encash husban interes months actual of rece (ii) on com preced the wi exercis of rece 13 146-2020 tably, the PCSR and the instructio ing primacy to the spouse of the de every other family member, in r ence. This primacy is embedded in the directives, and anchored in the broa justice and human dignity. Accordingly, in view of the dis n is allowed. The respondent-PUNSUP Release all admissible termin encashment and other service bene husband, to the petitioner. The petit interest at the rate of 6% p.a. upon th months after the date of death of the h actual realisation. The needful be don of receipt of a certified copy of this ord Consider and decide the claim o on compassionate grounds, strictly in precedence, as provided in the instruc the widow has been accorded priorit exercise shall be completed within a pe of receipt of a certified copy of this ord tructions dated 19.09.2002 accords the deceased employee, placing her , in recognition of her degree of in the statutory design, reinforced by e broader constitutional mandate of he discussion above, the present writ NSUP is directed to: terminal benefits, including leave benefits accrued to her deceased e petitioner will also be entitled to pon the same, computable from two f the husband of the petitioner till its e done within 03 months of the date his order. laim of the petitioner for appointment ctly in accordance with the order of nstructions dated 19.09.2002 wherein priority in consideration. The entire in a period of 08 weeks from the date his order. cords g her ee of ed by ate of t writ leave eased led to two till its e date tment der of herein entire e date PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document CWP-13146 18. disposed of. January 20 P.C 14 146-2020 Pending miscellaneous applicat ed of. 20, 2026 Whether speaking/reasone Whether Reportable. : pplication(s), if any, shall also stand (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No stand RAR) PUNEET CHAWLA 2026.03.06 13:39 I attest to the accuracy and integrity of this document