IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.8044 of 2008 Date of decision: February 10, 2009 Pehladi ... Petitioner Versus General Manager, DHBVNL & others ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. M.K. Sood, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. *** 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? AJAY TEWARI, J.(Oral) The husband of the petitioner died while in service on 03.01.2006. The petitioner moved an application for grant of ex-gratia benefits but before the same could be decided new rules called the Haryana Compassionate to the Dependents of Deceased Government Employees Rules, 2006 had come into force. By order dated 25.09.2007, the claim of the petitioner was rejected on the ground that under the policy in force at the time when the husband of the petitioner died she would not have been entitled to any compassionate assistance. Learned counsel for the petitioner has controverted even this assertion. However, in my opinion, it may not be necessary to decide this matter. Had they considered the case during the prevalence of the previous Rules and rejected it, something could have been made of this argument. Admittedly, the case of the CWP No.8044 of 2008 -2- petitioner was considered at the time when the 2006 Rules were in operation. In the circumstances, in my opinion, it would not be open to the respondents to rely upon the earlier rules to reject the case of the petitioner at the time when the new rules were in operation. Consequently, the petition is allowed and the respondents are directed to consider the case of the petitioner for family assistance under 2006 Rules within a period of three months from the date of receipt of certified copy of this order and to release her all the benefits of family assistance. In case the same is not done within the said period then the petitioner would be entitled to interest on the arrears from the date of accrual till the actual date of payment @ 8% per annum. February 10, 2009 (AJAY TEWARI) sonia JUDGE