STATE OF HARYANA Vs. RANI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been filed on behalf of the State of Haryana for setting aside the orders passed on two writ petitions filed by respondent Rani Devi and Anguri Devi, directing the appellant-State to appoint the said respondents against Class-IV posts on compassionate grounds in view of the fact that their respective husbands died while working as Apprentice Canal Patwaris. The husband of respondent Rani Devi worked as Apprentice Canal Patwari from 25-8-1987 to 25-2-1989, whereas the husband of respondent Anguri Devi worked as Apprentice Canal Patwari from 15-7-1992 to 2-6-1993.

(3.) There is no dispute that the husband of the two respondents had been appointed on ad hoc basis as Apprentice Canal Patwaris. According to the State Government, in this background there is no question of issuing any direction in respect of appointments of the respondents who are the widows on compassionate grounds. In this connection, our attention was drawn to the Punjab Civil Services Rules which we are informed are in force even in the State of Haryana. Paragraph 2.6 of Chapter II defines 'Apprentice' to mean a person deputed for training in a trade or business with a view to employment in Government service, who draws pay at monthly rates from the Government during such training, but is not employed in or against a substantive vacancy in the cadre of the department. Reference was also made to the decision of the State Government which was notified on 9-5-1972 saying that the scheme of benefit of ex gratia payment to the dependent of the employees of the Haryana Government who died while in service was not applicable to ad hoc employees. The stand of the State is that any scheme in respect of payment of ex gratia grant or giving an appointment to one of the dependents of the deceased Government employee is not applicable to casual, ad hoc employees or employees who are just apprentices.