C.W.P.No.2856 of 2006 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.2856 of 2006 Date of Decision : 20.02.2008 Smt.Meera and others .....Petitioners versus The Dakshin Haryana Bijli Vitran Nigam Ltd & Ors .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri Sudhir Mittal, Advocate for the petitioners. Shri Amardeep Hooda, Advocate for the respondents. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. In the present writ petition, the petitioners claim ex-gratia compensation of Rs.5 lacs under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2005 (hereinafter referred to as the `2005 Rules'), which came into force on 18.11.2005. The husband of the petitioner No.1and father of petitioner Nos.2 to 5, namely Shri Sai Dass Sharma died on 8.6.2005. As per the petitioners, an application for ex-gratia compassionate financial assistance, was made on 20.12.2005, Annexure P-2, wherein the amount of ex-gratia compensation was sought, as provided under the 2005 Rules. Vide communication dated 31.1.2006, Annexure P-4, the petitioners were sent C.W.P.No.2856 of 2006 2 compensation of Rs.2.5 lacs in full and final settlement of the claim of the petitioners. Thereafter, the petitioners filed the present writ petition on 23.2.2006. It is the case of the respondents that the petitioners applied for financial assistance on 1.7.2005 vide Annexure R-1. In the said application, in column No.7, the petitioners have opted financial assistance to the tune of Rs.2.5 lacs. An affidavit dated 30.6.2005 of Shri Balwinder Kumar Sharma son of Shri Sai Dass Sharma, attached with the said application is to the effect that Rs.2.5 lacs be given to his mother. Even in the application attached with the writ petition, an affidavit dated 19.12.2005 of Balwinder Kumar Sharma is attached, wherein it is averred that Rs.2.5 lacs be given to his mother. The petitioner applied for compensation of Rs.2,50,000/- when the earlier Rules were in force and in terms of the option exercised, the amount of ex-gratia financial assistance has been paid, it is not open to the petitioner to turn around. In terms of Rule 19 of 2005 Rules, the pending cases were required to be decided in terms of the Rules earlier framed. We do not find any illegality or irregularity in the communication dated 31.1.2006 Annexure P-4, in which Rs.2.5 lacs has been given to the petitioners as ex-gratia financial assistance. Thus, we do not find any merit in the present writ petition. The same is dismissed. (HEMANT GUPTA) JUDGE 20-02-2008 (MOHINDER PAL) *mohinder JUDGE