COCP No. 1270 of 2008 1 In the High Court for the States of Punjab and Haryana at Chandigarh … COCP No. 1270 of 2008 Date of decision: July 13, 2009 Smt. Birmati Devi wd/o late Shri Desh Raj ..Petitioner. Versus Shri Anand Sharma, IAS ..Respondent Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: Mr. J.B.Sharma, Advocate for the petitioner Mr. S.K.Hooda, Sr. DAG,Haryana for the respondents .. Rakesh Kumar Garg,J(Oral) The present contempt petition has been filed by the petitioner alleging therein that vide Annexure P-1 dated 23.1.2008, this court had set aside Annexure P-5 attached with the writ petition and had directed the authorities to consider the case of the petitioner under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2003 and in spite of the aforesaid directions, the case of the petitioner was not considered in accordance with law and the same was rejected vide Annexure P-2. According to counsel for the petitioner, the order Annexure P-2 passed by the respondents is illegal as the petitioner has not been considered in accordance with law and the same order has been passed. I have perused the order Annexure P-5 attached with the writ petition wherein the claim of the petitioner was rejected under the instructions of the Government dated 3.8.2006 attached as Annexure P-1 to the effect that the deceased employee cannot be given the appointment and only financial assistance to the tune of Rs. 2.5 lacs can be given whereas after the consideration of the case vide Annexure P-2, the claim of the petitioner has been rejected on the ground that according to the policy of 2003, he could be considered only against 5 % sanctioned posts of clerks which are already filled COCP No. 1270 of 2008 2 up and therefore, the respondents were unable to give appointment to the son of the petitioner on the post of clerk and it was held that the petitioner was entitled to ex gratia payment of Rs. 2.5 lacs. In view of the aforesaid factual position, this Court is not inclined to proceed further in the present contempt petition. Rule discharged. However, it will be open to the petitioner to challenge Order Annexure P-2 in accordance with law. July 13, 2009 (RAKESH KUMAR GARG) nk JUDGE