Seema Devi vs Punjab State Power Corporation Ltd And Ors

IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
213
CWP-32076-2019 (O&M)
Date of decision: 03.11.2026
Seema Devi .....Petitioner
Versus
Punjab State Power Corporation Limited & Ors. .....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present : Mr. S.K. Rattan, Advocate
for the petitioner.
Mr. Pratap Singh Gill, Advocate
for the respondents.

NAMIT KUMAR, J. (ORAL)
1. The instant petition has been filed by the petitioner under
Articles 226/227 of the Constitution of India, seeking issuance of a writ
of mandamus, directing the respondents to grant compassionate
appointment to the petitioner and release all the terminal benefits, i.e.,
family pension/EPF, DCRG, GIS, Ex-gratia, solatium and financial
help payable on account of death of her husband while in service, along
with interest @ 12% per annum.
2. At the outset, learned counsel for the petitioner restricts his
claim only with regard to the release of the terminal dues payable on
account of the death of her husband.
3. Briefly stated, the facts of the case are that the husband of
the petitioner, namely, Balbir Singh, was appointed as a Lineman on
contractual basis for a period of two years, vide appointment letter
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CWP-32076-2019 (O&M) -2-
dated 29.09.2016, pursuant to the advertisement no.CRA No.281/13.
The terms & conditions of appointment letter reads as under:-
“Punjab State Power Corporation Limited pleased
to hire your services as lineman purely on contract basis
at Xen (Op.) City Divn. Hsp. Sub-Division/Sub Station for
two years on the following terms & conditions:-
1. The period of contract shall be two years commencing
from the date of joining and it shall automatically stand
terminated after the lapse of period of two years.
2. (I). You will submit Medical Fitness Certificate issued
by concerned Civil ----before joining the assignment. You
will join your contractual duties within 21 days of issue of
this letter failing which your candidature will be treated as
cancelled.
(ii). You will submit requisite affidavit duly attested by
the Executive Magistrate of the effect that:-
a. You have never been convicted for any offence by any
court of law.
b. You are not a dismissed employee of any
Government/Board/Corporation etc.
c. You are not having more than one spouse.
3. That during the above said contact period you will be
paid a fixed remuneration of Rs. 10000/- (Rs. Ten
Thousand) per month. No annual increment or any other
allowance is admissible. In case of absence from duty,
proportionate deduction would be made from your
remuneration besides administrative action as per rules
and regulations of PSPCL/PSTCL/BBMB.
i. The statutory deductions as per relevant rules
regulations of government shall be made from your
monthly remunerations.
ii. You shall not be eligible for any other compensation or
benefit except as stated above nor any allowances as
applicable to regular employees.
iii. Tax at source shall be deducted as applicable under the
Income Tax Act.
iv. EPF/ESI contribution as per provisions of the EPF Act
will be applicable.
4. During your contract period you can be deputed to
other Sub Divisions Sub Stations as SSA/Locations of
PSPCL/PSTCL anywhere in Punjab as per
requirement/work related to PSPCL/PSTCL.
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5. PSPCL/PSTCL is successor companies shall not be
under any obligation to take you in other regular
employment during/after the period of contract.
6. If serving in any department including PSPCL/PSTCL,
You will be required to submit no objection certificate
through your Head of Department. If selected, failing
which your offer will be liable to be rejected.
7. You are governed by PSPCL/PSTCL regulations. Your
services can be placed in PSPCL/PSTCL or any other
organization such BBMB etc against the vacant posts of
Lineman or SSA or any other post deemed fit by
management.
8. You shall undergo training of 4 months in various
organization/institutions of PSPCL/PSTCL and in
technical Training institute of PSPCL. at Patiala or other
places. On successful completion of training of 4 month,
you shall be allowed to continue for the balance contract
period. In case your work and conduct during training
period is not found satisfactory, Your contract shall be
terminated immediately.
9. During the period of your contract you will devote
yourself wholly to the Corporation or its successor
companies and not secure any other job either full time or
part time for remuneration or on honorary basis.
10. Your contract will be terminated at any stage due to
the following reasons:-
I. If during the contract period your work and
conduct is not found satisfactory.
II. If you violate any policies/rules/regulations of
the Corporation.
III. In case you are unsuccessful in satisfactory
completion of the TTI Training.
IV. In case the particulars and documents
including your educational
qualifications/caste etc certificates are found
to be false/incorrect/bogus at any stage.
11. Either party shall have right to terminate the present
agreement without assigning any reason, by giving one
month notice in writing to other party or payment of salary
in lieu thereof.
12. Your services on contract basis are subject to
verification of your character as per rule and regulations.
13. You will also submit your consent through affidavit
(attested by Executive Magistrate thereby agreeing to the
above mentioned terms and conditions of the contract and
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you will not challenge any terms and conditions of the
offer of hiring your services as Lineman on contract basis
including salary, service conditions, rules and regulations
in comparison to Corporation's regular employees in
Court of Law.
14. This appointment has been done on contract basis for
period of 2 years. The posting shall be done as per
requirement of the department and any request for transfer
during contract period, shall be considered as gross
indiscipline and the service of the applicant shall be
terminated with immediate effect.
15. You are required to join on contract within 21 days
from the date of issue of this offer of contract failure which
the contract will be cancelled. This issue with the approval
of competent authority.
Sd/-
Superintending Engineer
Distribution Circle, PSPCL”
4. Thereafter, unfortunately, the husband of the petitioner
died on 01.01.2018 in an accident while in service. It is the case of the
petitioner that her husband was on the way to attend his duties when a
stray animal suddenly appeared in front of his motorcycle, resulting in
an accident which proved fatal. In this regard, a General Diary Report
was registered on 02.01.2018 and the Post-Mortem Report dated
02.01.2018 reveals that the cause of death is head injuries leading to
haemorrhage and shock, thereby causing death of the husband of the
petitioner. It is further the case of the petitioner that although her
husband was initially appointed on contractual basis, but he was
entitled to be considered for regularisation, as other similarly situated
employees, who were selected and appointed along with him, were
granted an extension of service, vide letter dated 01.01.2019 for a
period of one year (Annexure P-3) and their services were subsequently
regularised, vide order dated 11.12.2019 (Annexure P-13).
Accordingly, the petitioner claims that her deceased husband ought to
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CWP-32076-2019 (O&M) -5-
be treated as a regular employee at par with other similarly situated
employees, who have already been regularised, as his services could not
be regularised solely on account of his untimely death.
5. To support the said contention, learned counsel for the
petitioner has placed reliance upon a judgment of this Court passed in
CWP No.23291 of 2012 titled as 'Paramjit Kaur v. State of Punjab
and others', decided on 11.01.2016 . He submits that the said judgment
has been implemented and Smt. Paramjit Kaur has been granted the
pensionary benefits and also compassionate appointment.
6. Learned counsel for the respondents, while referring to
Claus 3(ii) and Clause 5 of the appointment letter, submits that it was
clearly stated in the appointment letter that the husband of the petitioner
would not be entitled to any compensation or benefits other than those
specifically stated in the appointment letter, nor would he be entitled to
allowances admissible to the regular employees. It was further
stipulated that PSPCL/PSTCL, being successor companies would not
be under any obligation to offer the husband of the petitioner any other
regular appointment during/after the period of contract. He further
submits that since the husband of the petitioner was a contractual
employee, therefore, she is not entitled for terminal benefits as have
been claimed in the present petition.
7. I have heard learned counsel for the parties and perused the
record.
8. The facts are not in dispute that the husband of the
petitioner was initially appointed as a Lineman on contractual basis for
a period of two years, vide appointment letter dated 29.09.2016
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(Annexure P-1) and while he was in service, he met with an accident on
01.01.2018 and unfortunately died. Other similarly situated employees,
who were appointed along with the husband of the petitioner on
contractual basis, were given further extension of one year and were
subsequently regularised in service, vide order dated 11.12.2019
(Annexure P-13), however, the husband of the petitioner could not be
regularised as he had already died within the first contractual period of
two years.
9. Similar issue has been adjudicated upon by this Court in
Paramjit Kaur's case (supra) , wherein the husband of the petitioner
therein was appointed on 27.09.2008 as a teaching fellow on a fixed
salary against vacant post of JBT/ETT Teacher and was initially
appointed on one year contract and was to continue for the second year
subject to annual results in the confidential reports and his services
were to be regularised after a period of three and a half years, if the
employee had completed two years in the rural area/border/bet or mand
area. The petitioner's husband unfortunately died on 18.10.2010 while
in service and two days later, i.e., on 20.10.2010, the Government
decided to regularise all the teachers appointed on contractual basis,
who were appointed as per advertisement issued between 29.08.2007
and 05.09.2007. Consequently, the petitioner applied for grant of the
compassionate appointment which was rejected by the respondents,
vide order dated 12.08.2011, on the ground that the petitioner's husband
was not a regular employee at that point of time and had already
expired on 18.10.2010, therefore, the case of the petitioner did not fall
within the ambit of instructions and accordingly, her case was rejected.
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However, the said claim was accepted by this Court, vide judgment
dated 11.01.2016, while placing reliance upon the earlier Division
Bench judgments of this Court passed in the case of Beant Kaur v.
State of Punjab : 2001(3) SCT 321 and CWP No.1731 of 2011 titled
as 'Dalbir Kaur v. State of Punjab and others', decided on 10.01.2012 .
The judgment in Paramjit Kaur's case (supra) has been implemented
and she has been granted her pensionary benefits and also
compassionate appointment.
10. The case of the present petitioner is squarely covered by
the aforesaid judgment rendered in Paramjit Kaur's case and
consequently, the present petition is partly allowed and the respondents
are directed to consider the claim of the petitioner for grant of terminal
benefits by treating the husband of the petitioner as a regular employee
and release the said benefits within a period of three months from the
date of receipt of certified copy of this order.
11. Pending applications, if any, stand disposed of.
03.11.2026 ( NAMIT KUMAR )
Vinay
JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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