IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5620 of 2009 DATE OF DECISION : 16.04.2009 Pawan Kumar .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. S.N. Pillania, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for issuing direction to the respondents to consider his claim for appointment under the ex-gratia scheme. In the petition, it has been stated that father of the petitioner was working with the Society under the Hisar District Central Cooperative Bank Limited, Hisar and during the course of service, he died on 24.5.1998. It has not been specifically mentioned in the petition as to under which society, the father of the petitioner was working. However, it has been stated that at the time of his death, he was posted at Cooperative Central Cooperative Bank, Kauth Kalan, District Hisar. At that time, the petitioner was minor. It is further case of the petitioner that on 10.9.1998, his mother moved an application to the respondents for giving appointment to her son under the ex-gratia scheme, after his attaining the age of majority. On that CWP No. 5620 of 2009 -2- application, right of the petitioner to be appointed as Peon was reserved by a resolution passed by the Board of Directors. When after attaining the age of majority, the petitioner approached the respondents in the year 2002 for giving him appointment on the post of Peon, respondent No.2 sent a letter to the petitioner asking his option either to accept the financial assistance or the employment under the ex-gratia scheme. It is the case of the petitioner that he had opted for the employment, but in spite of that, he was not given the employment under the ex-gratia scheme on the pretext that due to the non-availability of the sufficient posts, the employment cases were lying pending for some time. However, vide letter dated 4.12.2006, copy of which has been annexed with the petition as Annexure P-6, it was offered that the petitioner can avail the facility of ex-gratia financial assistance amounting to Rs. 2.5 lacs or Rs. 5.00 lacs, as the case may be, but the petitioner did not respond. Now, after more than two years, the instant petition has been filed. Due to the non-availability of the posts, an alternative option was given to the petitioner in December, 2006. He remained quite for more than two years. Now, at this belated stage, the direction sought in the petition cannot be issued. However, it will be open to the petitioner to approach the respondents for grant of ex-gratia financial assistance. Dismissed with the aforesaid observations. April 16, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE