Son adopted by wife of deceased employee after death of employee

The petitioner's husband Gurcharan Singh, retired from BSF and her minor son Karanvir Singh along with three other persons were killed by the CRPF on account of their mistaken identity. 

It is alleged that the Civil Administration as well as the then Governor of Punjab assured the petitioner at the time of cremation of her husband and son that the Government would provide job to a member of her family but since the petitioner was left alone, therefore, she adopted Jaskaran Singh, her brother's son, at the time of his birth on 15.07.1991 and thereafter by way of an adoption deed on 29.01.1993. The adopted son has now passed B.Com and the petitioner made an application dated 15.01.2013 to the Deputy Commissioner, Tarn Taran for seeking employment for her adopted son on compassionate ground, which was rejected on 07.02.2013. The petitioner made another application to the Deputy Chief Minister, Punjab at the time of Sangat Darshan, which was forwarded to the Special Chief Secretary (R) and further to the Secretary, Revenue and Rehabilitation and Disaster Management, Punjab, who informed the Deputy Commissioner, Tarn Taran that the employment to the son of the petitioner on compassionate ground cannot be given as Jaskaran Singh is not the adopted son of Gurcharan Singh. The said order dated 02.09.2014 is under challenge in this petition inter alia on the ground that it violates the policy dated 05.02.1996 issued by the Department of Personnel and Administrative Reforms on the subject of grant of employment in the State Services on compassionate grounds.

Husband of the petitioner, who retired from the BSF, was mistaken as a terrorist along with her minor son and three others was killed by the CRPF, as a result thereof, practically, the petitioner, not only became widow but also an orphan and in order to survive emotionally, she adopted her brother's son at the time of his birth and thereafter the adopted son is recorded in all the public documents i.e. the certificate issued by the Punjab School Education Board etc. as son of Gurcharan Singh and Sukhwinder Kaur and not the son of her natural parents. The policy dated 05.02.1996 appears to have been made to rehabilitate the families whose bread-winner is either killed or 100% physically handicapped either in terrorist action or by security forces by offering employment on compassionate ground either to the widow, dependent son, dependent unmarried daughter, adopted unmarried son or adopted unmarried daughter. 

The respondents are directed to consider case of the petitioner for the purpose of compassionate appointment to her adopted dependent unmarried son as early as possible, preferably within a period of 2 months from the date of receipt of certified copy of this order.