Claim For Employment By Family Members Of Martyred Defense Personnel Cannot Be Put On Lower Pedestal Than Family Of Police Martyrs: P&H High Court

The Punjab & Haryana High Court has made it clear that the State cannot adopt different yardsticks for considering the compassionate appointment of the dependents of martyrs from Police forces and Armed Forces Personnel.

The petitioner's grandson was the nephew of a martyred defense personnel, and was denied consideration for a position in the Punjab Police because, according to the state, only Punjab Police martyrs could be considered for those posts.

Justice Sanjeev Prakash Sharma said, "A person who laid his life for the Nation and was a defence personnel, cannot be put towards a lower level than that of the Police martyrs. The claim of a family member of a defence personnel, who has laid his life for the Nation, cannot be put towards lower pedestal than that of the family members of the Police martyrs."

The petitioner whose son Davinder Singh Sidhu lost his life in 1989 while serving as Sub Lieutenant Pilot in the Indian Navy in Operation Pawan in IPKF in Sri Lanka, submitted that no distinction should be drawn between the martyrs of the Police Department, War Heroes and Martyrs of the Armed Forces.

He added that his son was a martyr who laid down his life for the Nation during Operation “Pawan” and in such circumstances, his nephew ought to be offered an appointment, being the only source of income to take care of the family of the petitioner.

On the other hand, State counsel submitted that no dependent family member of martyrs of army men was provided an appointment and it was only the Punjab Police martyrs who were considered for such an appointment.

Considering the submissions, the Court said that the stand of the respondent department to not consider the dependents of martyrs of Army Men for appointments in Punjab Police  "cannot be appreciated."

Justice Sharma clarified that though, the Police martyrs were also required to be given the honour and their family members required to be resettled, different yardsticks cannot be adopted for the martyred Army men.

Accordingly, in deprecating such practise and allowing the plea, the Court directed the respondents to consider the case of the nephew of late Sub Lieutenant Pilot Davinder Singh Sidhu (martyred officer) for the post of Deputy Superintendent of Police, Punjab or similar post in the Police Department.

Gulshan Sharma, Advocate for the petitioner.

 Vishnav Gandhi, DAG, Punjab.

 Rohit Verma, Advocate for respondent No.3.

Citation: 2024 LiveLaw (PH) 19

Title: Sarabjeet Singh Sidhu v. State of Punjab & Ors.