IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 3964 of 2007 Date of Decision:22.1.2008 Rajender Singh ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ravi Verma, Advocate for Mr. Ashwani Verma, Advocate for the petitioner Mr. Harish Rahtee, Senior Deputy Advocate General, Haryana for the respondents -.- JASBIR SINGH, J.(ORAL) Father of the petitioner died in harness on 4.9.2005. The petitioner being eligible moved an application to give him appointment on compassionate basis, as per the policy of the State Government prevailing at that time. It is apparent from the record that his case was recommended for appointment as a Clerk, on compassionate basis vide order dated 17.8.2006 (Annexure P-4). Thereafter vide Annexure P-5 dated 29.9.2006, instead of giving him appointment he was asked to get financial benefits as were available under the new policy known as The Haryana Compassionate Assistance Rules, 2006. Hence this writ petition. Counsel for the petitioner has vehemently contended that the petitioner is entitled to get appointment, on the basis of the provisions of the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2003 (Annexure P-1) and he cannot be asked to accept the benefit, as is now available under the 2006 Rules referred to above. C.W.P. No. 3964 of 2007 -2- We feel that the argument is perfectly justified and the same is supported by the ratio of judgment of Hon'ble the Supreme Court in Abhishek Kumar versus State of Haryana and others 2007 (2) SCT 457 wherein dealing with a similar situation their lordships observed thus:- “5.Appellant herein had sought for appointment on compassionate grounds at a point of time when 2003 Rules were not in existence. His case, therefore, was required to be considered in terms of the Rules which were in existence in the year 2001. Evidently, in the State of Haryana a State-wise list is maintained. In terms of the said list so maintained by the State of Haryana, the appellant was entitled to obtain an appointment on compassionate grounds. He was offered such an appointment by the State. It was the District Magistrate who came on the way and refused to provide for the post.” In view of the facts mentioned above, we dispose of this writ petition by issuing directions to respondents to consider case of the petitioner for appointment on compassionate basis, as per 2003 Rules. It is made clear that if any post is available out of the 5% post reserved for dependents of the deceased employees, during the relevant period, the same be offered to the petitioner as per his seniority maintained at the state level for that purpose. If no post is available the petitioner be given financial benefits as per 2003 Rules. Disposed of. Needful be done within a period of six weeks from the date of receipt of a certified copy of this order. (Jasbir Singh) Judge 22.1.2008 (Jaswant Singh) joshi/mk Judge