CWP No.678 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.678 of 2007 (O&M) Date of Decision: 15.04.2009 Hemant Kumar ...Petitioner V E R S U S State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. S. N. Yadav, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. AJAY TEWARI J. (ORAL) The father of the petitioner died on 29.1.1991 while he was serving in Haryana Police department. Since the petitioner was not major at that time he was informed by the department that his case had been reserved for ex-gratia appointment and mentioned in register at Sr.No.22 and he may apply whenever he become major. The petitioner became major only in the year 2006 and when he approached the concerned respondents the new policy of 2003 was in force wherein it was mentioned as follows:- “ (f) in case the dependent of deceased Government employee is not eligible for appointment on any ground mentioned in clause (c) and (g) of this rule and rule16(a), the family member shall be given ex-gratia assistance of Rupees 2.5 lacs:” Learned counsel for the petitioner states that he would be CWP No.678 of 2007 (O&M) -2- satisfied if his case is considered under Clause (f). In the written statement only the claim of the petitioner for appointment on compassionate ground has been opposed. However, in paragraph 7 of the reply there is one sentence which is as follows:- “It is further submitted that as concern for policies framed time to time by the Govt., for compassionate assistance to the dependents of the deceased, in this case that the petitioner is not entitled to any compensation from the Govt.” No reason has been mentioned as to why the petitioner is not entitled to atleast the alternate benefit of grant of Rs.2.5 lakh. In the circumstances, it would be in the interest of justice if the respondents grant the alternate relief of the payment of Rs.2.5 lakh to the petitioner within three months. If the payment is not made, the petitioner would be entitled of interest thereon w.e.f. 21.1.2006 (the date of attaining majority) till the date of payment @ 8% per annum. ( AJAY TEWARI ) April 15, 2009 JUDGE ashish