CWP No. 11746 of 2007 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 11746 of 2007 Date of Decision:11.4.2008 Mukesh ....Petitioner Versus State of Haryana and others .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE MOHINDER PAL Present: None for the petitioner. Ms. Mamta Singhal Talwar, AAG, Haryana. Ms. Manisha Lamba, Advocate, for the for respondent No.3. 1. Whether Reporters of local papers 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? HEMANT GUPTA, J. The petitioner claims ex-gratia payment of Rs.5.0 lacs on account of death of his father Hari Chand on 31.5.2005. The petitioner has earlier sought appointment on compassionate ground and addressed communication dated 27.11.2006 (Annexure P.2). In the said application, the petitioner has pointed out that the wife of the deceased i.e. mother of the petitioner, is already in service. In reply, it has been stated the the deceased was 59 years and 7 months of age at the time of his death and thus, in terms of Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003, the petitioner is not entitled to compassionate appointment. It is also pointed out that since the mother of the petitioner CWP No. 11746 of 2007 (2) (wife of the deceased) was in Government service, therefore, for that reason, as well, the petitioner is not entitled to appointment on compassionate ground. The reasons given by the respondents in the written statement have not been controverted. It is apparent from such reasons that the deceased was 59 years and 7 months of age at the time of his death. In terms of Rule 2 of the Rules as amended on 10.2.2004, the dependents of such employees are entitled to the payment of ex-gratia financial assistance. However, the said ex-gratia financial assistance is also not payable to the petitioner for the reasons that his mother is in Government Service. In view of the above, we do not find any merit in the present writ petition and hence the present writ petition is dismissed with no order as to costs. (HEMANT GUPTA) JUDGE (MOHINDER PAL) JUDGE 11.4.2008 ds