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Justice Ritu Bahri of the Punjab and Haryana HC allowed a petition in parts, allowing the petitioner to receive compensation on the ground that the compassionate appointment had been rejected by the respondent.
In the present case, the husband of the petitioner was employed in the Haryana Police as the Head Constable and expired on 22.1.1998. The petitioner’s son was a minor at the time of death. After attaining majority in 2005, the son applied for appointment under compassionate grounds, submitting all the relevant documents. This claim was turned down based on an order dated 28.2.2003 regarding ex-gratia appointment rules which stated in its clause 6(1) a time barred appeal. The petitioner on the other hand summoned a new order dated 30.11.2005 namely ‘Haryana Compassionate Assistance to the Dependents of Deceased Govt. Employees Rules, 2005”. The petitioner served a legal notice for the granting of the appeal as well as claiming financial assistance. The Department held that the legal notice was ineffective since no such compassionate appointment could be reserved for a minor child. The petitioner also relied on a order passed by the Chief Secretary to Government of Haryana as a one time measure for the reconsideration of all the family cases prior to the enactment of the time barred clause.
The respondents argued that they had offered some financial assistance that the petitioner had promptly denied and had pestered for the appointment of her son. The Department thus stated that the post could be held on to only for a period of three years as per the Clause 6(1).
In view of the above facts, the HC decided that the instant petition would be partly allowed. The petitioner was due of some financial assistance. The State Government, after the rejection of the proposal should have paid the petitioner a sum of 2.5 lakhs. The petitioner thus now would be entitled to the original amount and an interest levied at the rate of 6% per annum commencing from the date of .1.12.2004 till the date of the actual payment.
Asha Rani v. State of Haryana, CWP No. 2838 of 2017
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