IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.727 of 2010 Date of Decision:3.8.2011 Sheela Devi .... Petitioner Versus Uttar Haryana Bijli Vitran Nigam Limited and others.... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Naveen Daryal, Advocate for the petitioner. Mr. Mohnish Sharma, Advocate for Mr. Narender Hooda, Advocate for the respondents. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. (Oral) The husband of the petitioner Shri Zile Singh died on 23.8.2004. The petitioner requested through various letters to grant appointment to her son as the family of deceased was in extreme financial distress due to the loss of the deceased, who was the only bread-earner for the family. However, the respondents authorities did not consider the request of the petitioner. Finally, a legal notice was also sent on 12.4.2008. However, no action was taken. Consequently, the present writ petition was filed for issuance of direction to the respondents to grant compassionate appointment to the son of the petitioner under the ex-gratia scheme. In pursuance to the order dated 3.5.2011 passed by this Court, learned counsel for the State has placed on record the letter dated 26.7.2011 of the Executive Engineer whereby the petitioner C.W.P No.727 of 2010 -2- has been requested to submit her option for a lumpsum cash financial assistance of Rs.2.5. Lacs only as there is a complete ban on compassionate appointment under Ex-gratia scheme except last pay drawn. It is not disputed that although the petitioner being very low in seniority, the compassionate appointment may not be permissible, the petitioner is entitled to the compassionate assistance as per the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees, Rules 2006, which are applicble to him. After hearing learned counsel for the parties and taking into account the letter dated 26.7.2011 as well as the 2005, 2006 Rules, the Court is satisfied that the issue is squarely covered by the judgment of this Court rendered in the Case of Sushila Devi v. State of Haryana and others 2009(3) SCT 715. Para 4 of the said judgment reads as under: “It may need a mention here that 2003 Rules were amended in the year 2005 regulating the compassionate assistance or appointment on compassionate grounds to the members of family of the deceased, who died while in serving or missing Government employee. Ex-gratia assistance of Rs.5.00 lacs was payable to the family which did not opt for ex-gratia appointment or where no such appointment could be offered within 3 years from the date of application. This case over and above all other service benefits. With effect from 1.8.2006, the Government has framed new Rules repealing the earlier Rules made and given effect from 18.11.2005. Through theses new Rules framed in 2006, the C.W.P No.727 of 2010 -3- Government has brought in some major changes regarding compassionate assistance to the family of the deceased Government employee, his family would continue to receive as financial assistance a sum equal to the pay and other allowances that were last drawn by the deceased employee in the normal course without raising a specific claim. The family is eligible to receive family pension as per normal rules only after the period during which he received the financial assistance. Accordingly, the order directing grant of these allowances as a sum equal to pay and other allowances last drawn was made in terms of 2006 Rules.” In view of the above, the present petition is allowed to the extent that in case the petitioner exercises her option for financial assistance within one month from today, she shall be paid the financial assistance in the same terms as referred to in Sushila Devi (Supra) and as per 2006 Rules. 3.8.2011 ( NIRMALJIT KAUR ) rajeev JUDGE