CIVIL WRIT PETITION NO. 15553 OF 2006 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: February 26, 2008 Parties Name Suman Devi ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH PRESENT: Mr. D.S.Rawat, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana, for the respondents. JASBIR SINGH, J. (oral) Order. Husband of the petitioner died in harness on January 7, 2006. At that time, he was working as Judgment Writer in the Court of Additional District Judge at Jind. After his death, petitioner moved an application to get service on compassionate basis, as per provisions of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2005 (in short 2005 Rules). When she failed to get any favourable response, she came to this Court. In response to notice, issued by this Court, reply has been filed, wherein claim of the petitioner has been negatived by stating that she submitted the application beyond the period of limitation and she also does not fulfill qualifications for the post of Peon. Counsel for the parties heard. CIVIL WRIT PETITION NO. 15553 OF 2006 -2 It is apparent from the records that relationship of the petitioner with the deceased is not in dispute. It is also not in dispute that she moved an application, to get benefit, under the 2005 rules. This fact is apparent from Annexure R-2, wherein it is mentioned that her application dated May 19, 2006, was received in the office on August 5, 2006. To get benefit under above said Rules, she was directed to complete necessary formalities by supplying some information, which was needed under above said Rules. Her application was not rejected on account of limitation. Even otherwise, we are of the view that in such like cases, where schemes have been framed to give benefit to the dependents of the deceased Government employees, some delay may occur in moving an application to get relief under the Rules. After death of the bread winner, the family members arebound to be under stress and strain. They cannot be expected to move application promptly as per provisions of the Rules. As initially no such objection was raised, we cannot permit the State at this stage to raise point of limitation. It is apparent from the records that the petitioner failed to respond to the letter (R-2). Because of that , her case was not processed further. In the written- statement, it has further been stated that son of the deceased got employment, as a Peon, on July 28, 2006. Be that as it may, son got that service of his own, on merits. Financial condition of the family has to be seen as on the date of death of the employee. Under 2005 Rules, dependents of the deceased Government employees are entitled to get appointment on compassionate basis or financial assistance. If any dependent enters service on merits, subsequent to death of the employee, that cannot be taken note of to deny benefit under the Rules, referred to above, as there exists no such bar under those Rules. CIVIL WRIT PETITION NO. 15553 OF 2006 -3 In view of facts, mentioned above, we allow this writ petition and direct the authorities concerned to consider case of the petitioner for grant of benefit under 2005 Rules. If she is eligible and the post is available, she may be offered the appointment, otherwise, she be provided financial assistance, as per rules. Petitioner is directed to complete all the formalities, as directed vide order dated September 25, 2006 (R-2) within one month. Respondent -authorities are directed to take final decision within six weeks thereafter. ( Jasbir Singh ) Judge ( Jaswant Singh) February 26, 2008. Judge DKC