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2025 DAILYLAW 14975 (PNJ)

SAHIB KUMAR v. PB.STATE & ANR.

CWP/2268/2002 · 2025-04-05

Aman Chaudhary

body2025

Judgment text

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IN THE HIGH 335 Sahib Kumar State of Punjab and another CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. respondents to appoint the petitioner on compassionate grounds a Class-III post, by shifting him from Class due to efflux of time. 2. statement by dated 04.09.2002, wherein it has been stated that the petitioner upon having submitted an application for appointment on compassionate grounds, appeared before the Committee and gave his willingness to accept Class denial of any assurance to him regarding Class joined on 22.11.2001, but subsequently submitted the application stated in para 7 thereof, a fact not rebutted by filing any IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Sahib Kumar Versus State of Punjab and another CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY None for the petitioner. Mr. Amarpeet Singh Bains, AAG, Punjab. AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition is for espondents to appoint the petitioner on compassionate grounds a III post, by shifting him from Class-IV, might not even be surviving due to efflux of time. Learned State counsel refers to para 4 of the written statement by way of affidavit of the Deputy Commissioner, Amritsar, 04.09.2002, wherein it has been stated that the petitioner upon having submitted an application for appointment on compassionate grounds, appeared before the Committee and gave his willingness to accept Class-IV post in writing, Annexure R denial of any assurance to him regarding Class joined on 22.11.2001, but subsequently submitted the application stated in para 7 thereof, a fact not rebutted by filing any COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-2268-2002 (O & M) Date of decision: 05.04.2025 ....Petitioner ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY Mr. Amarpeet Singh Bains, AAG, Punjab. Prayer made in the present petition is for directing the espondents to appoint the petitioner on compassionate grounds against IV, might not even be surviving Learned State counsel refers to para 4 of the written the Deputy Commissioner, Amritsar, 04.09.2002, wherein it has been stated that the petitioner upon having submitted an application for appointment on compassionate grounds, appeared before the Committee and gave his willingness to post in writing, Annexure R-1, and there is a specific denial of any assurance to him regarding Class-III post, upon which he joined on 22.11.2001, but subsequently submitted the application, as stated in para 7 thereof, a fact not rebutted by filing any replication. PARVEEN KUMAR 2025.04.05 15:40 I attest to the accuracy and integrity of this order/judgment. CWP-2268-2002 -2- Reliance is placed on judgment in State of Rajasthan v. Umrao Singh, 1995(1) SCT 46, wherein it has been held that once the right is consummated, any further or second consideration for higher post on the ground of compassion would not arise. 3. Dismissed. 05.04.2025 (AMAN CHAUDHARY) parveen kumar JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No PARVEEN KUMAR 2025.04.05 15:40 I attest to the accuracy and integrity of this order/judgment.