IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 1576 of 2011 Date of Decision: 01.09.2011 Raj Kumari ........Appellant vs. State of Haryana and others .......Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. S.S. Hira, Advocate for the appellant 1. To be referred to the Reporter or not ? 2. Whether the judgment should be reported in the Digest ? M.M. Kumar, J. Notice of motion. Mr. Aman Chaudhary, Additional Advocate General, Haryana who is present in the Court accepts notice on behalf of respondent-State. Two copies of the paper-book have been handed over to him in the Court. Learned Single Judge has recorded a categorical finding that the family members of the deceased employee are not entitled to ex-gratia compassionate financial assistance in view of Rule 2(iii) of the Haryana Compassionate Assistance to the Dependents of Deceased Cooperative Sugar Mills Employees Rules, 2005. The application filed for compassionate appointment was also rejected by the respondent. However, learned Single Judge has also recorded the finding that the appellant would be entitled to receive Rs. 5 lacs as ex-gratia compassionate financial assistance. The only grievance made is that there is no direction issued for payment of Rs. 5 lacs as ex-gratia compassionate financial assistance and the writ petition has L.P.A. No. 1576 of 2011 2 been dismissed. Keeping in view the nature of the controversy and with the counsel of the parties, we have taken up the matter on Board to dispose it of at motion stage. The order of the learned Single Judge has categorically held the appellant entitled to receive Rs. 5 lacs as ex-gratia compassionate financial assistance but there is no direction issued for the payment of the same. By the last sentence of the judgment the petition has been dismissed which has given a cause to the appellant for a grievance. We confirm the finding recorded by learned Single Judge and hold the appellant entitled to receive Rs. 5 lacs as ex-gratia compassionate financial assistance. We direct the respondent to pay Rs. 5 lacs as ex-gratia compassionate financial assistance within a period of three months from the date of receipt of certified copy of this order. In view of the above, the appeal is accepted. The order of the learned Single Judge is modified and the writ petition is deemed to be accepted partially. In case the amount of ex-gratia grant is not paid within the aforesaid period then the same shall bear interest @ 9% per annum from the date the appellant became entitled till the date of payment. We further direct the learned Addl. Advocate General, Haryana to convey this order to respondent No. 3. (M.M. KUMAR) JUDGE (GURDEV SINGH) 01.09.2011 JUDGE reena