IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5928 of 2007 Date of Decision: 8.2.2008 Vineet Rana Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Ms.Anu Tiwari, Advocate for the petitioner Shri Harish Rathee, Sr. D.A.G. Haryana for the respondents Jasbir Singh, J. (Oral) By filing this writ petition, the petitioner claims that he be given appointment in government service on compassionate basis as per the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules 2003 (in short, the 2003 Rules). Admittedly, father of the petitioner, who was working as MHC in the Department of Police, State of Haryana, died in harness on 11.4.2004. After his death, as per the 2003 Rules, the petitioner moved an application to get appointment as envisaged under those rules. His application was kept under consideration and his name was put in the waiting list as per provisions of rules then prevailing. In the meantime, new rules known as Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules 2006 (in short, the 2006 Rules), came in existence. In the latter rules, there is no provision to give appointment to the dependents of the deceased government employee. These rules only provide for ex-gratia Civil Writ Petition No.5928 of 2007 financial assistance. By taking note of the 2006 Rules, application of the petitioner was rejected vide order (Annexure P/7) dated 6.2.2007 and an offer was made to family of the deceased to opt for ex-gratia financial assistance of Rs.2.5 lac or monthly financial assistance, as provided in the 2006 Rules. In this writ petition, the petitioner prays that his case be considered under the 2003 Rules and he be considered for appointment in the State service. Counsel for the parties heard. It is apparent from the records that father of the petitioner died in the year 2004 when the 2003 Rules were in vogue. As per 2003 Rules, dependents of the deceased government employee are entitled to get appointment on compassionate basis or ex-gratia financial assistance of Rs.2.5 lac. It is further provided in those rules that 5% of sanctioned posts falling under direct recruit quota will be reserved for the said purpose and a waiting/ seniority list of the such dependents will be maintained, which will be kept alive for a period of 3 years. Record further shows that request of the petitioner was also put in the seniority list, however, his case was rejected in the month of February 2007, by taking note of provisions of the 2006 Rules. We feel that action is not justified. The rules, which were in existence at the time when death had occurred, are applicable to the case of the petitioner. His name in the seniority list was to be kept pending for a period of three years and during that period efforts should have been made to give him appointment against 5% vacancies reserved for the dependents of the deceased government employees as per the then prevailing Policy. In the impugned order, nothing has been reflected in that regard. The view expressed above is fully supported by a judgment of the Hon’ble Supreme 2 Civil Writ Petition No.5928 of 2007 Court in Abhishek Kumar v. State of Haryana and others, 2007(3) RSJ 121. Their Lordships of the Supreme Court in the case, while dealing with a similar controversy observed thus:- “5. Appellant herein had sought for appointment on compassionate grounds at a point of time when 2003 Rules were not in existence. His case, therefore, was required to be considered in terms of the Rules which were in existence in the year 2001. Evidently, in the State of Haryana a State-wise list is maintained. In terms of the said list so maintained by the State of Haryana, the appellant was entitled to obtain an appointment on compassionate grounds. He was offered such an appointment by the State. It was the District Magistrate who came on the way and refused to provide for the post.” In view of facts mentioned above, we allow this writ petition, set aside order dated 6.2.2007 (Annexure P/7) and direct the authorities to reconsider name of the petitioner for his appointment on compassionate basis, as per the provisions of the 2003 Rules, subject to availability of the post, meant for such dependents. If no post is available, the dependents of the deceased government employee be offered financial assistance, if permissible. Needful be done within a period of three months from the date of receipt of a certified copy of this order. (Jasbir Singh) Judge February 08, 2008 (Jaswant Singh) gk Judge 3