IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 2362 of 2009 DATE OF DECISION : 12.11.2009 Brijlata @ Brijesh ... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Onkar Rai, Advocate, for the petitioner. Ms. Kirti Singh, AAG, Haryana, for the respondents. * * * SATISH KUMAR MITTAL , J. The husband of the petitioner was working on the post of Salesman in a primary agricultural Co-operative Society, Solara, District Palwal. Unfortunately, he died on 6.4.2004. After his death, his younger brother Munesh Kumar filed an application for ex-gratia employment, with the consent of the petitioner. The said application was rejected on 31.3.2005 on the ground that the employees of the primary agricultural societies are not covered under the ex-gratia employment scheme. Without disclosing this fact, the petitioner filed the instant petition for issuing direction to the Registrar, Co-operative Society for giving appointment to her on compassionate ground, in view of the Haryana Compassionate Assistance to the Dependents of Deceased Govt. Employees Rules, 2006 (hereinafter referred to as `the Rules of 2006'). CWP No. 2362 of 2009 -2- In the written statement, it has been stated that the Rules of 2006 are not applicable to the employees of the primary agricultural societies. It has been stated that even otherwise, as per the Primary Agricultural Co-operative Societies Service Rules, 1992, the petitioner is not eligible for appointment on a Class IV post, as she has passed only 4th class. It has also been stated that the claim made by the brother of the deceased husband of the petitioner was rejected in the year 2005 and the said fact has not been disclosed in the writ petition. During the course of arguments, learned counsel for the petitioner could not point out any Rules/Regulations or instructions, which provide that the Rules of 2006 are applicable to the employees of the primary agricultural societies. At no point of time, the Registrar, who is having the rule making power under Section 37 of the Haryana Co- operative Societies Act, 1984, has ever issued any circular or framed any Rule that the Government policy will be applicable to the employees of the primary agricultural societies. The right of ex-gratia employment depends on the policy, which is applicable to the deceased employee. Since in the instant case, there was no policy for giving appointment to the dependents of the deceased employee, working in a primary agricultural society, therefore, no relief can be granted to the petitioner. Dismissed. November 13, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE