High Court Punjab-Haryana High Court

Sahib Kaur vs K.K. Jalan & Ors on 10 December, 2009

Punjab-Haryana High Court
Sahib Kaur vs K.K. Jalan & Ors on 10 December, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                       COCP No.2179 of 2009(O&M)
                                       Date of decision: 10.12.2009

Sahib Kaur                                          ......Petitioner(s)
                                Versus

K.K. Jalan & ors.                            ......Respondent(s)

CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Jitender Nara, Advocate for the petitioner.

Rakesh Kumar Garg, J.(Oral)

CM No.28990-CII of 2009

Application is allowed subject to all just exceptions.

COCP No.2179 of 2009

The contention of the learned counsel for the petitioner is that

vide judgment dated 20.4.2009, CWP No.10543 of 2007 was allowed in

terms of order passed in CWP No.19693 of 2004 titled as Sushil Kumar v.

State of Haryana, by which the petitioner has been held entitled to

compassionate appointment on the ground that his father was invalidated

from service on medical grounds.

The question as to which rules would be applicable for

granting compassionate appointment to a dependent of the employee,

which were applicable on the date of invalidation/death of such an

employee or date of consideration of the case of such a dependent of the

employee, has been referred to a larger Bench, in CWP No.5335 of 2009,

vide order dated 2.4.2009.

In view of the aforesaid fact, at this stage, it cannot be said

that the respondents have disobeyed the order passed by this Court,

therefore, I am not inclined to take cognizance of this petition.

Dismissed.




December 10, 2009                           (RAKESH KUMAR GARG)
ps                                                 JUDGE