IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 1258 of 2010 Date of Decision: 27.1.2010. Tarsem Kumar --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.K. Malik, Sr. Advocate with Ms. Renu, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. Keeping in view the facts of the case, this petition is being disposed of at the motion stage itself with the consent of learned counsel for the parties. Petitioner's father was serving as a regular canal patwari in the Irrigation Department of Haryana. He died in harness on 25.2.2003. Petitioner's mother applied for compassionate appointment immediately after the death of her husband. The matter remained pending. Vide letter dated 11.1.2005 mother of the petitioner was asked whether she is willing for the financial assistance of Rs. 2.5 lacs or wish to be considered-the claim of her son for compassionate appointment. In compliance to that the mother of the petitioner vide letter dated 13.6.2005 (Annexure P-3) informed the Executive Engineer that she is ready to wait for the employment of her son instead of receiving financial assistance of Rs. 2.5 lacs. The aforesaid letter was followed by further communications (Annexures P-4 & P-5). CWP. No. 1258 of 2010 -2- The matter is still pending and the claim of the petitioner for compassionate appointment has not been considered till date. It is alleged that at the time of death of father of the petitioner the Govt. Policy dated 31.8.1995 was in vogue and the petitioner's claim is required to be considered under the aforesaid policy. The new policy came into operation on 4.3.2003. The petitioner has also relied upon a judgement of the Hon'ble Apex Court reported as 2007 (2) SCT 457, wherein the Hon'ble Apex Court has considered the question of application of the policy and it has been held that the policy which was prevalent at the time of death of the deceased employee is to regulate the question of compassionate appointment. Respondents have yet to decide the claim of the petitioner. In view of the above circumstances, this petition is disposed of with a direction to the respondents to take decision on the question of compassionate appointment of the petitioner in the light of the Govt. policy as was prevalent at the time of death of father of petitioner within a period of four months from the date certified copy of this order is served upon the competent authority. Needless to say that in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 27.1.2010. lucky