BIMLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is widow of Bir Singh, who was serving as Head Constable in the police department of the State of Haryana. The deceased husband of the petitioner died in harness on 26th August, 1999. Shortly after his death the petitioner made an application seeking compassionate appointment for her son. The case of the petitioner was recommended by respondent No. 3 to the Inspector General of Police, Gurgaon Range,-- vide his letter dated 24th December, 1999 for appointment of petitioner's son against the post of B Grade Clerk, the boy being matriculate and eligible for the post. Matter remained pending for considerable period. The petitioner again made a representation/request dated 18th September, 2002 expressing her financial condition seeking compassionate appointment (Annexure P-3). In response to the aforesaid request the petitioner was informed.--vide letter dated 15th May, 2003 (Annexure P-4) that the rules for compassionate appointment have been amended and petitioner was asked to appear before the Welfare Inspector, Faridabad up to 21st May, 2003 of any working day. The petitioner made another representation for compassionate appointment, which was again forwarded by respondent No. 3 to the Director General of Police, Haryana,--vide letter dated 4th June, 2003 (Annexure P-5). The aforesaid recommendation was followed by another letter by the petitioner dated 26th July, 2004 which was also forwarded by respondent No. 3 vide his letter dated 8th December, 2004 to the Director General of Police. The petitioner received a communication dated 12th December, 2005 [Annexure P-8) from the respondent No. 3 asking her to give option for the financial asistance of Rs. 2 lacs as after 3 years the dependants will not be given either job or financial assistance, in view of the Compassionate Assistance Rules, 2003. In response to the above, petitioner vide her letter dated 30th March, 2006 asked the Director General of Police, Haryana to release the financial assistance, if, his son is not provided job under the Government instructions. Respondent No.3,-- vide the impugned letter dated 16th June, 2006 informed the petitioner that her son Narender Kumar is neither eligible for the post of Clerk or Constable nor Class-IV post is available and hence her case has been filed. It is this communication, which is challenged in the present petition.

(2.) Respondents in the reply have admitted that the hasband of the petitioner died in a road accident on 26th August, 1999 and the petitioner made application on 6th December, 1999 seeking appointment for her son Narender Kumar. Various communications referred to in the writ petition have also been admitted. As far as the question of grant of employment is concerned, it has been stated that the petitioner's son is not eligible for job of Clerk or for Constable as he is sub standard in physical measurements. Regarding Class-IV post, it is mentioned that no post is available under the ex-gratia scheme within the limits of 3 years from the date of death of the deceased employee. They have sought the dismissal of the writ petition.

(3.) I have heard learned counsel for the parties.