IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.805 of 2009 (O&M) Date of decision: 31.8.2009 State of Haryana and others. -----Appellants Vs. Smt. Shanti Devi. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Rameshwar Malik, Addl.A.G., Haryana. for the appellants. ----- ORDER: 1. Delay condoned, subject to just exceptions. Heard on merits. 2. The State is aggrieved by direction of learned Single Judge to consider the case of the respondent under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006 and give the arrears in two months. In default, to give interest @ 8% per annum. 3. Husband of the respondent was employed with the State of Haryana and died on 17.1.2005. Certain benefits were provided to the dependents of the deceased under the “Dependents of the Deceased Government Employees Rules, LPA No.805 of 2009 2003” (for short, “the 2003 Rules”), which were later replaced by the “Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006” (for short, “the 2006 Rules”). Clause 6 of the 2006 Rules, provided that all pending cases of ex-gratia assistance will be covered by the new rules. 4. The Respondent put forward her claim to assistance in terms of the new rules, but the said claim was not accepted on the ground that respondent No.1 had already exercised her option under the old rules. 5. The Respondent filed writ petition. The appellant contested the same, inter-alia, on the plea that as per clarification, 2006 Rules were not applicable if death took place prior to enforcement of Rules. Relying upon earlier DB judgment of this Court in Raj Kumari v. Uttar Haryana Bijli Vitran Nigam Ltd. and others 2008(4) RSJ 765, learned Single Judge held that administrative clarification could not override the Rules. There was no justification to deny the benefit under the 2006 Rules to the respondent. 6. We have heard learned counsel for the appellants. 7. Under the scheme of the 2006 Rules, even in respect of death which may have taken place prior to the said rules, benefits are available where claims were pending. Earlier DB judgment fully applies. View taken by the learned Single Judge cannot be held to be erroneous. 2 LPA No.805 of 2009 8. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE August 31, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3