IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10519 of 2007 Decided on : 16.02.2009 Mahabir Singh ....Petitioner VERSUS Registrar, Cooperative Societies and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Sandeep Kotla, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. AJAY TEWARI J. The father of the petitioner had died on 11.3.2005 and thus the petitioner was entitled to compassionate appointment under the instant policy. However, before such compassionate appointment could be granted, the Harayana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2005 were amended to Harayana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006. Vide order dated 20.11.2006 (Annexure P-4), the case of the petitioner on compassionate grounds was declined and he was offered the amount of Rs.2.5 lakh as one time payment. Learned counsel for the petitioner has relied upon the judgment rendered in the case of Raj Kumari Vs. Uttar Haryana Bijli Nigam Ltd. and others reported as 2008(4) RSJ 765 wherein a Division Bench of this court held as follows:- “All pending cases of ex-gratia assistance shall be covered CWP NO.10519 of 2007 -2- under the new rules – The calculation of the period and payment shall be made to such cases from the date of notification of theses rules. However, the families will have the option to opt for the lump sum ex-gratia grant provided in the Rules, 2003 or 2005, as the case may be, in lieu of the monthly financial assistance provided under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006”. Learned counsel for the petitioner has also conceded that his client would be satisfied in case his claim is considered under the Rules, 2006 (supra). In my opinion, the action of the respondents in not complying the Rules, 2006 (supra) is clearly unwarranted in the face of the judgment (supra). In the circumstances, the order (Annexure P-4) is set aside to the extent that it has offered an amount of Rs.2.5 lakh as lump sum assistance to the petitioner and the respondents are directed to consider the case of the petitioner under the Rules, 2006 (supra) and to pay him the said arrears within a period of two months as well as to start the monthly assistance (if opted for). In case, the arrears are not paid within a period of two months from the date of receipt of a certified copy of this order then the petitioner would be entitled to interest @ 8% per annum on the arrears till the actual date of payment. Accordingly, this petition stands disposed of. February 16, 2009 ( AJAY TEWARI ) ashish JUDGE