CWP NO.665 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.665 of 2008 (O&M) Decided on : 20.02.2009 Roshini Devi ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Anurag Goyal, Advocate for Mr. Vivek Goyal, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana AJAY TEWARI J. The husband of the petitioner died while in service on 31.10.2002. She applied for compassionate appointment on 14.11.2002. Vide letter dated 21.03.2005, she was informed that since she was illiterate, she could not be appointed but in the alternative, lump sum assistance of Rs.2.5 lakh could be granted to her in case she opted for the same at that stage. The petitioner insisted that she be given a job. As matters stand, neither she was given a job nor the lump sum assistance, which has resulted in the filing of this writ petition. Learned counsel for the petitioner has restricted his claim to the grant of lump sum assistance under the 2003 policy which was offered to the petitioner. Sh. Harish Rathee, Sr. DAG, Haryana has, however, justified the denial on the ground that vide letter Annexure R-II, the petitioner refused that lump sum assistance. In my opinion, this would not be a good ground to deny her the CWP NO.665 of 2008 (O&M) -2- benefit since that was not unconditional refusal but the petitioner had refused the lump sum claiming compassionate appointment. It would not lie in the mouth of the respondents to urge that since the petitioner had refused lump sum assistance, she would be debarred from claiming the same. It should be noticed that the 2003 rules also envisaged consideration of pending cases as per those rules. In these circumstances, I find that the stand of the State- respondents that they can now rescind their offer of one time lump sum assistance to be unjustified. Consequently, this writ petition is allowed and the lessor relief now sought by the learned counsel for the petitioner is granted. The respondents are directed to accept option of the petitioner for one time lump sum assistance as per their letter dated 21.03.2005. The necessary benefits be released to the petitioner within two months from the date of receipt of a certified copy of this order. Accordingly, the petition stands disposed of. February 20, 2009 ( AJAY TEWARI ) ashish JUDGE