IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 4789 of 2009 DATE OF DECISION : 26.03.2009 Sunder Singh .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Mukesh Kumar Verma, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the letter dated 9.4.2004 (Annexure P-4) issued by respondent No.5, being illegal, arbitrary and against the law. The father of the petitioner was working as Driver in the respondent department. He died on 11.1.2001. After his death, the petitioner submitted an application for compassionate appointment. Respondent No.5 vide the aforesaid letter rejected the prayer of the petitioner on the ground that he completed 25 years of his age as on 11.1.2001, therefore, in terms of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003, he is not covered under the definition of “dependent”. Regarding the ex-gratia assistance, it was stated that it will CWP No. 4789 of 2009 -2- be open for the family to submit option for compassionate assistance as per the policy. After about 5 years of the issuance of the said letter, the instant petition has been filed, in view of the fact that the aforesaid Rule has now changed. Counsel for the petitioner could not explain any reason for not challenging the impugned letter for more than 4 ½ years. In my opinion, the respondents have rightly rejected the claim of the petitioner in view of the Rules, as applicable at that time. Now, at this belated stage, no relief can be granted to the petitioner. Dismissed. March 26, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE