RSA No.4707 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4707 of 2010 . Decided on: May 16, 2011. Prem Jiwan. .. Appellant VERSUS State of Haryana and others. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.S.K.Monga, Advocate, for the appellant. M.M.S. BEDI, J. (ORAL) Suit of the plaintiff seeking a relief of declaration that he is entitled to compassionate appointment against Class-IV posts in lieu of death of his father who died in service as Class-IV employee under the defendants-respondents. In the alternative, he claimed compensation as per the revised policy of Haryana . . . 1 RSA No.4707 of 2010 Government. The said suit was dismissed by the trial Court but the lower appellate Court has given liberty to the plaintiff-appellant to file a representation for the relief claimed with a direction that representation must be considered by the respondents within a period of three months from the date of judgment. The plaintiff-appellant has not filed any representation with an apprehension that the same would be considered in the light of the policy and rules existing in the year 2006, whereas the benefits are available to the plaintiff-appellant on the basis of policy of 2003, permitting the compassionate appointment. He has submitted that a Writ Petition with CWP No.4313 of 2009, is pending in this Court on the point whether a person whose parents died in service, would be entitled to relief under the instructions existing at the time of death or under the instructions existing at the time of consideration. He requested that this RSA be permitted to be heard along with CWP No.4313 of 2009. I have considered the said contention and I am of the opinion that the plaintiff-appellant filed a representation of his case which has been directed to be decided within a period of six months after its filing by passing a speaking order. The benefit of CWP No.4313 of 2009, can be availed after representation is decided depending upon the rules followed by the concerned authorities while considering the representation of the plaintiff- appellant. In case his representation is allowed, he will be left with no cause of action but in case any adverse order is passed, it will . . . 2 RSA No.4707 of 2010 always be open to the plaintiff-appellant to avail the legal remedy available to him in accordance with law. The appeal is disposed of with above observations extending the time granted to the plaintiff-appellant vide judgment dated 29.07.2010. He would be entitled to file representation within a period of one month from today and the respondents would decide the same by passing a speaking order within a period of three months thereafter. It goes without saying that the order passed by the authorities can be challenged in accordance with law by the plaintiff-appellant before an appropriate forum. (M.M.S.BEDI) JUDGE May 16, 2011. rka . . . 3