IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.6602 of 2010 Date of Decision:5.9.2011 Suman .... Petitioner Versus Dakshin Haryana Bijli Vitran Nigam Ltd. and another.... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. R.K. Chopra, Sr. Advocate with Ms. Maninder, Advocate for the petitioner. Mr. Narender Hooda, Advocate for the respondents. **** 1.Whether Reporters of Local Newspapers 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? NIRMALJIT KAUR, J. (Oral) The prayer made herein is for the grant of monthly financial assistance as provided in Rule-5 of the Haryana Compassionate Assistance to the Dependents of Deceased Govt. Employees Rules 2006. The facts in short are that husband of the petitioner namely Sh. Munshi Ram was appointed in the Haryana State Electricity Board on daily wages with effect from 3.1.1980. The services of Munshi Ram husband of the petitioner were regularized as T-Mate in May 1993. On 30.10.2001, a criminal case was registered against the husband of the petitioner alongwith 32 other persons. On account of the registration of the said criminal case, the husband of the petitioner was placed under suspension on 30.10.2011 and was thereafter dismissed from service vide order dated 20.11.2001/3.12.2001. Feeling aggrieved, the husband of the petitioner challenged the order of his dismissal in this Hon'ble Court by way of filing CWP No.19211 of 2001. However, during the pendency of the writ petition, the husband of the petitioner Munshi Ram expired on 31.8.2004. CWP No.19211 of 2011, filed by the C.W.P No.6602 of 2010 -2- husband of the petitioner was allowed by this Hon'ble Court on 22.10.2008 and the dismissal of the husband of the petitioner was set aside. Thereafter, the orders dated 10.11.2009 were issued by respondent No.2 vide which the period from 30.10.2001 to 31.8.2004 i.e. the period on which the husband of the petitioner was dismissed from service till his death was regularized and was treated as having been spent on duty in the office of the Sub Divisional officer, Civil Lines Sub Division, Dakshin Haryana Bijli Vitran Nigam, Hissar by treating same on duty for all intents and purposes. State of Haryana notified the rules called the Haryana Compassionate Assistance Review 2003 which were notified on 28.2.2003. Rule 3(d) of the 2003 Rules defined the Deceased Govt. Employee. It has been provided in Rule 4 of the said rules that a dependent of the deceased Govt. Employee shall give in writing his/her preference of option within three years from the date of the death of the Govt. Employee either for ex-gratia appointment on compassionate appointment on ex-gratia compassionate financial assistance to the family. Haryana Compassionate Assistance to the Dependent of Deceased Govt. Employees Rules 2006 were also notified but the State of Haryana issued notification dated 1.8.2006 notifying therein the Haryana Compassionate Assistance to the Dependent of deceased Govt. Employees Rules 2006 (hereinafter called the 2006 Rules). 2003 Rules as well as 2005 rules were repealed. It was decided in 2006 Rules that on the death of any Govt. employee, the family of the employee would continue to receive as financial assistance a sum equal to the pay and other allowances that was last drawn by the deceased employee in normal course. It was also decided in 2006 Rules that all pending cases of ex-gratia assistance shall be covered under the new rules. However, the families will have the option to opt for lump sum ex-gratia grant provided in 2003 rules or 2005 rules, as the case may be in lieu of the monthly financial assistance. In view of the above facts, it was contended by the learned counsel for the petitioner that the petitioner is entitled to the financial assistance as provided in Rule-5 of the Haryana Compassionate Assistance to the Dependents of Deceased Govt. C.W.P No.6602 of 2010 -3- Employees Rules 2006 as the present case was still pending. Learned counsel for the respondent while opposing the present petition submitted that the petitioner is not covered under the provision of 2006 Rules for the purpose of grant of monthly financial assistance and she is entitled only for a lumpsum financial assistance of Rs.2.5. Lacs besides family pension as already decided and communicated to the petitioner vide order dated 21.1.2010 and relied on the clarification dated 16.1.2009 wherein it is mentioned that the financial assistance in terms of policy 2006 is to be given in those cases only where PPO/GPO have been issued in case of death occurred prior to 1.8.2006. After hearing learned counsel for the parties and perusing the documents as well as the written statement placed on record, it is evident that Dakshin Haryana Bijli Vitran Nigam issued circular dated 12.9.2006 stating therein that Rule 2006 notified by the State of Haryana vide Annexure P-3 have been approved and adopted by the Board of Directors of the Nigam in its meeting held on 29.8.2006 and these rules should be strictly complied with. Although the husband of the petitioner was dismissed from service but his dismissal order was set aside by this Court only on 22.10.2008 and it was only on 10.11.2009 vide which the period from 30.10.2001 to 31.8.2004, when the husband of the petitioner remained out of service i.e. date of dismissal upto the date of death has been regularized by treating the same as on duty for all intents and purposes. It is also not disputed that as per Clause 6 of the Haryana Compassionate Assistance to the Dependents of Deceased Govt. Employees Rules 2006 issued vide notificated dated 1.8.2006, the said Rules are applicable to all pending case. The same reads as under: “Pending Cases 6. All pending cases of ex-gratia assistance shall be covered under the new rules. The calculation of the period and payment shall be made to such cases from the date of notification of these rules. However, the families will have the option to opt for the lump sum ex-gratia provided in the Rules, 2003 or C.W.P No.6602 of 2010 -4- 2005, as the case may be, in lieu of the monthly financial assistance provided under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006” Even as per own case of the respondent-State in clarification dated 16.1.2009 placed on record as Annexure P-7, the Financial Assistance is to be given in those cases where PPO/GPO has been issued. The same reads as under: 3 Whether the financial assistance is to be given in those cases where PPO/GPO has been issued Where PPO/GPO have been issued in case of death occurred prior to 1.8.2006, the Haryana Compassionate Assistance to the Dependents of Deceased Government Employee Rules, 2006 cannot be made applicable in such cases. It is also not denied that no PPO/GPO in the case of the death of the husband of the petitioner had been issued. Thus, under no circumstance can it be said that the 2006 Rules are not applicable to the petitioner. More so, as the cause of action arose as and when order of dismissal was set aside on 22.10.2008 and the period of suspension was regularized for all intents and purposes vide order dated 10.11.2009. As such, the case of the petitioner was pending at the time of coming into force 2006 Rules. In view of the above, the present petition is allowed and order dated 21.1.2010 (P-10) is quashed with a direction to the respondents-State to grant monthly financial assistance as provided in Rule-5 of the Haryana Compassionate Assistance to the Dependents of Deceased Govt. Employees Rules 2006 as expeditiously as possible preferably within 3 months from the date of receipt of this order. 5.9.2011 ( NIRMALJIT KAUR ) rajeev JUDGE