IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3425 of 2008 Date of Decision: February 26 , 2009 Smt. Shakuntala ...... Petitioner Versus State of Haryana and another ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.S.P.Chahar, Advocate for the petitioner. Mr. Harish Rathee, Senior DAG, Haryana. **** 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? Ajay Tewari, J. The husband of the petitioner died on 17.11.1996 while in service and the name of the petitioner was brought on the list of persons to be granted compassionate appointment against the extant policy/instructions. However, no job could be provided due to lack of vacancies. Ultimately letter Annexure P-2 was written in which the petitioner was informed that job cannot be provided to her yet she would be entitled to opt for one time ex gratia payment of Rs.2.5 lacs under the 2003 policy. The first argument of learned counsel for the petitioner is that since the husband of the petitioner died before coming into force of the CWP No. 3425 of 2008 -2- 2003 policy she should be granted a job. However, he states that his client would be satisfied if at least the respondents are held down to the offer made in Annexure P-2 which has been reconfirmed in para 6 of the written statement. Learned counsel for the respondents has argued that in fact the offer made in Annexure P-2 as well as the averments made in para 6 of the written statement notwithstanding the petitioner is not entitled even to the ex gratia payment. In my opinion the stand taken in Annexure P-2 and in para 6 of the written statement cannot be displaced by respondent No.6 like this. In the circumstances the alternative prayer of learned counsel for the petitioner is accepted and this writ petition is disposed of with a direction to the respondents to pay an amount of Rs. 2.5 lacs as lumpsum payment in view of Annexure P-2 and reply to para 6 of the writ petition within a period of two months from the date of receipt of a certified copy of this order. In case the payment is not made within the aforesaid period of two months, the petitioner shall be entitled to interest at the rate of 8% p.a. from the date when the actual offer was made i.e.17.10.2003 till the date of payment. Petition stands disposed of accordingly. (AJAY TEWARI) JUDGE February 26, 2009 sunita