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2010 DIGILAW 2271 (PNJ)

Radha Rani v. State Of Punjab

2010-08-09

AJAI LAMBA

body2010
Judgment Ajai Lamba, J. 1. This petition under Article 226 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 14.11.2008 (Annexure P-4). 2. Rajinder Kumar was employed with respondents No. 1 and 2. As per the pleaded case on behalf of the petitioner, Rajinder Kumar died in an accident on 30.8.2005, while in service. The petitioner is widow of Rajinder Kumar. 3. Rajinder Kumar was granted selection grade of Junior Assistant in the pay scale of Rs. 4400-7000 from the year 2001 by virtue of order dated 5/1/2007 (Annexure P-2). Since arrears of the same had not been released, the petitioner approached this Court by way of filing CWP 12266 of 2008, Radha Rani v. State of Punjab and others, The petition has been disposed of vide order dated 18.7.2008 (Annexure P-3) with a direction to the respondents to take a decision on the legal notice. 4. Learned counsel for the respondent-State has informed the court that the petitioner had given an undertaking that let she (Radha Rani-petitioner) be given appointment on compassionate grounds on the condition that she would look after the family members of the deceased employee i.e. Rajinder Kumar. On such undertaking and considering other factors, it transpires that the petitioner, indeed, was given appointment on compassionate grounds. It also transpires that mother-in law of the petitioner i.e. mother of the deceased- employee, had also given a No Objection Certificatein favour of the petitioner to enable her to get appointment on compassionate grounds. 5. Subsequently, the petitioner got remarried and has other sources of support. 6. It transpires that mother of the deceased employee has no means of support. 7. A joint request has come forth from the learned counsel for the private respondent as also the State to the effect that let this amount be paid to the mother of the deceased employee, considering the humanitarian issue. The petitioner has not been supporting the mother of the deceased employee, although she got employment-on compassionate grounds. 8. I have considered the contentions of the learned counsel for the parties. 9. The petitioner has been given appointment on compassionate grounds. It is also the admitted fact that the petitioner gave an undertaking that she would give support to the family of the deceased employee. 8. I have considered the contentions of the learned counsel for the parties. 9. The petitioner has been given appointment on compassionate grounds. It is also the admitted fact that the petitioner gave an undertaking that she would give support to the family of the deceased employee. It transpires that the petitioner has remarried and, therefore, the mother of the deceased employee is not even living with the petitioner as is made out from the addresses given in the Memo of Parties. It is the admitted case that the petitioner is not giving support to the mother of the deceased employee. 10. Considering the facts and circumstances, it transpires that while the petitioner is employed and also has support of her husband on her remarriage, the mother of the deceased employee has no means of financial support. The Court cannot ignore the fact that the mother would be rendered destitute. While dealing with such issue, the writ court would be required to take into account the equitable and humanitarian issues also. 11. Law has been framed to protect the parents in old age viz. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution of India. Under the provisions contained in the said Act, in case a parent is not able to maintain herself/himself from his own earning or out of the property owned by her/him, she/he can make an application under Section 5 of the Act. 12. Considering the totality of facts and circumstances, in my considered opinion, the right of the mother to claim the arrears cannot be ignored. Substantial justice demands that the mother be also provided for. 13. In view of the above, I am of the considered opinion that the amount of arrears payable to the deceased employee, in the context of selection grade of Junior Assistant in the pay scale of Rs. 4400-7000 from the year 2001, as admissible under order dated 5.1.2007, be paid to respondent No. 3 i.e. the mother of the deceased employee. The needful be done within three weeks from the date of receipt of a certified copy of this order. 14. The petition stands disposed of.