IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1279 of 2009(O&M) Date of decision: 18.11.2009 The State of Haryana and others. -----Appellants Vs. Smt. Basanti Devi. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Rameshwar Malik, Addl.A.G., Haryana for the appellants. --- ORDER: 1. The State is aggrieved by direction in the impugned judgment of learned Single Judge to consider the case of the respondent for benefits under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006 (for short, “the 2006 Rules”), by treating her application to be pending. 2. The husband of the respondent was employed as Chargeman in the Irrigation Department and after service of more than 11 years, he died on 20.10.1986. The respondent applied for compassionate appointment, pointing out that case of her LPA No.1279 of 2009 husband for regularization was pending and had been duly recommended and other similarly placed employees had been regularized. Her claim was rejected vide letter dated 11.4.1989 on the ground that the deceased had yet not been regularized in service. She filed writ petition in this Court, on the ground that on account of delay in passing a formal order of regularization, she could not be denied compassionate appointment. During pendency of the writ petition, 2006 rules were framed by the State of Haryana which applied to all pending cases. 3. Learned Single Judge held that case of the respondent could be treated to be pending and thus, considered as per 2006 rules. 4. We have heard learned counsel for the appellants. 5. Contention raised on behalf of the appellants is that case of the respondent having been rejected in the year 1989, could not be treated to be pending for purposes of the 2006 Rules. 6. We are unable to accept the submission. Even though case of the respondent had been rejected, a writ petition was pending in this Court and thus, it cannot be held that case of the respondent could not be treated to be pending. 2006 Rules providing for compassionate assistance which applied to all pending cases are thus, applicable and the State can consider the case of the respondent as per rules, as directed by learned Single Judge. No interference is, thus, called for. 2 LPA No.1279 of 2009 7. Accordingly, this appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 18, 2009 ( GURDEV SINGH ) ashwani JUDGE 3