CWP No. 4487 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 4487 of 2009 Date of Decision: March 21, 2009 Subhash Chander Sharma ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.R.N.Sharma, Advocate for the petitioner. **** 1. Whether Reporters of local papers 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. The petitioner is working as a Lecturer in a Govt. School. His wife who was working as a Music Mistress died in service. He moved an application for ex gratia assistance under the Haryana Compassionate Assistance to the Dependents of deceased Govt. Employees Rules, 2006. His case has been rejected on the ground that he himself is earning in Govt. service. The first argument of learned counsel for the petitioner is that as per clause 3 the petitioner is eligible for this special assistance. That may be so. However, learned counsel for the petitioner has not been able to satisfy me as to how the object of these Rules viz. 'tiding over the CWP No. 4487 of 2009 2 emergent situation resulting from the loss of the bread earner while in regular service' would be met in this case. Consequently mere eligibility under clause 3 would not entitle the petitioner for claiming benefit under these rules. Faced with this learned counsel for the petitioner urged that in any case the petitioner would be entitled to family pension under the normal rules but he has been denied the same. I find that there is not even an averment in the writ petition that the petitioner had applied for family pension under the normal rules. Be that as it may, the petitioner would be entitled to apply for family pension under the normal rules and the fact that he is not covered by the said rules of 2006 would have no relevance in deciding his claim for the family pension under the normal rules. With these observations this writ petition is dismissed. (AJAY TEWARI) JUDGE March 21, 2009 sunita