IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.NO.11931 of 2007 DATE OF ORDER: 14.2.2008 Suresh Kumar ....Petitioner(s) Versus State of Haryana and Others .....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ajit Atri, Advocate. Mr. Harish Rathee, Sr. DAG, Haryana. JASBIR SINGH,J (ORAL) Father of the petitioner died in harness on 16.7.2001. Petitioner filed an application to get appointment in service on compassionate basis. His claim was negatived vide order dated 27.7.2004 (P.4), by observing thus: “The Haryana Govt has notified the Haryana Compassionate Assistance to the dependents of deceased Govt employee Rule 2003 under these rules appointment under ex-gratia scheme is required to be given within a perid of three years. The dependent of the deceased Govt employees can exercise his option under rule 6(i)(c) within a period of one month after the expiry of the validity of the list prepared by the department, if no post exist in the department for ex-gratia appointment. In view of the above facts, your son can not be appointed as Class IV under the above stated rules. Now your case can only be considered for financial assistance in the tune of Rs.2,50,000/- (Rs. Two lacs fifty thousand only). Therefore, you are advised to supply necessary information in the enclosed prescribed form-B (Application form for ex-gratia compassionate financial assistance) to this office duly countersigned by the concerned Executive Engineer/Superintending Engineer within 10 days so that your case can be examined and considered for financial assistance.” C.W.P.NO.11931 of 2007 #2# It is case of the petitioner that the Department had assured him that his case will be considered for appointment, however, the same was wrongly rejected by passing order dated 23.1.2007 (P.2). Shri Rathee, Sr. DAG, Haryana, very fairly states by making reference to the written statement that vide order dated 27.7.2004 (P.1), intimation was given to the mother of the petitioner that she may get ex- gratia grant of Rs.2,50,000/-. When no reply was received in that regard, further action was not taken by the department concerned. It is further conceded that even today, Department is ready to pay the above-said amount to the petitioner. Keeping in view the facts and circumstances of the case, we feel that so far as claim for appointment is concerned, may be in view of the new rules, petitioner is not entitled to get the same. Otherwise also, a specific stand has been taken by the petitioner that during the relevant period, no post was available. Be that as it may, in view of stand taken in the written statement, we dispose of this writ petition by issuing direction to the respondents to release amount of Rs.2,50,000/- towards ex-gratia grant to the petitioner subject to his completing necessary documents within a period of one month from today. Admittedly, mother of the petitioner is alive. Amount of grant be released 50% each to the petitioner and his mother within two weeks on receipt of complete documents. ( JASBIR SINGH ) JUDGE February 14, 2008 ( JASWANT SINGH ) manoj JUDGE