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Judgment
TRIBHUVAN DAHIYA, J. (Oral)
The petition has been filed seeking a writ of mandamus directing the respondents to provide government jobs to the petitioners as promised by the State Chief Minister. Further, a direction has also been sought to enhance the amount of compensation awarded to them by the Government on account of untimely demise of their minor children in a road accident on 07.05.2025.
Learned counsel contended that the petitioners’ children were returning from School in a private vehicle/Innova car on 07.05.2025, when at about 02:30 pm the vehicle was hit by a truck/tipper carrying illegally mined sand from the river. Apart from the petitioners’ five children, one more child died in the accident. The State Chief Minister visited their residences and issued directions for providing government jobs to the petitioners. The compensation was also announced to them on account of the unfortunate accident. Although the compensation of ₹2,00,000 has already been paid, the promised government employment has not been provided. These facts have been mentioned in the letter dated 18.07.2025, Annexure P-4, issued by the Deputy Commissioner, Patiala, to Principal Secretary in the office of Chief Minister, Punjab. He further contended that the statement made by the Chief Minister announcing the promise made by the Government to the petitioners was binding.
Learned senior counsel for the State on the contrary points out that considering the hardship caused to the petitioners on account of the accident leading to innocent deaths, the Government had released them compensation of ₹2,00,000 per child in terms of the Chief Minister Punjab’s Relief Fund guidelines, dated 01.03.2012, Annexure R-1. However, there is no provision for providing government job on account of such accidents; a specific affidavit of the Deputy Commissioner, Patiala, dated 18.07.2026 has been filed to that effect, which is as under:
3.That, however, the present writ petition is completely misconstrued, as the petitioners have grossly misrepresented the facts. The Hon'ble Chief Minister never made any commitment or assurance with regard to grant a government job under the State Government, nor was any announcement made regarding the enhancement of the standard ex-gratia compensation beyond the prescribed rules.
4.The State of Punjab has already released the statutory financial relief of Rs. 2,00,000/- (Rupees Two Lakhs only) per child from the Chief Minister's Relief Fund to families of deceased and Rs. 50,000/- (Rupees Fifty thousand only) to the injured. Total amounting to Rs.19,00,000/-( Rupees Ninety lakh only). This compensation granted to the kin of the deceased & injured children is covered under clause 6 (xi) of the notification dated 1st March 2012. The copy of same is attached as Annexure R-1.
5.That the petitioners' claim for enhanced ex-gratia compensation is entirely an afterthought and is legally unsustainable. That the compensation granted to the kin of the deceased children was under Chief Minister Punjab's Relief Fund. However, no promise was made regarding enhancement of awarded compensation.
6.That a Writ of Mandamus cannot be issued to compel the State to grant regular public employment in a manner that by passes Article 14 and Article 16 of the Constitution of India. The petitioners cannot claim regular government department posts as a matter of right. Even in Annexures P4 to P6, as cited by petitioners, neither the government job has been specifically mentioned nor it has been mentioned that their case is covered under any Government provisions in this regard. However, the request/application received from the parents was forwarded to the Govt.
Considering the submissions, this Court finds no ground to entertain the petition. In the absence of any enforceable legal right with the petitioners, no direction can be issued to provide Government jobs to them. No rules of service or instructions providing for jobs to accident victims or their parents have been referred to. And in the light of affidavit by the Deputy Commissioner, it cannot be said any such promise was made by the Chief Minister. As regards the enhancement of compensation, the amount payable to them is governed by the applicable guidelines, which has already been released. Further, in case the petitioners find the compensation inadequate, they can approach the trial Court or the Motor Accident Claims Tribunal for the purpose.
The petition is, accordingly, disposed of granting liberty to the petitioners to approach the trial Court/Tribunal seeking compensation and/or damages, if so advised.