PARKASHO DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is widow of Mam Chand, who was appointed as Assistant Lineman. Husband of the petitioner died on 06.06.2002, while in service. Petitioner, the widow of the deceased employee, applied for appointment of her son on compassionate grounds. It appears that certain enquiries were made by the department. The claim of the petitioner for appointment of her son was, however, rejected, vide memo dated 17.10.2003 (Annexure P-4) on the grounds that at the time of death, the deceased employee was 55 years, 8 months and 24 days of age and the claim for appointment is not covered under the rules. After rejection of the aforesaid claim, respondents sanctioned an amount of Rs. 2.5 lacs as compassionate assistance, vide order dated 19.05.2004 (Annexure P-5). The petitioner made an application for rectification of the date of birth of her deceased husband. The petitioner pleaded that the date of birth of deceased employee was 14.11.1948 and not 12.08.1946 as recorded in the service book. As a matter of fact, the petitioner pleaded that two service-books were maintained in respect to the deceased employee and in one of the service book, the date of birth of deceased employee was recorded as 14.11.1948. In any case, the claim of the petitioner for compassionate appointment of her son has not been considered. It is further alleged that even the compassionate assistance sanctioned, has not been released.

(2.) Aggrieved of the action of the respondents in rejecting the claim of the petitioner's son for appointment, this petition has been filed challenging the order dated 17.10.2003 and further direction to appoint the son of the petitioner on compassionate grounds.

(3.) Respondents in their reply have relied upon the Compassionate Appointment Rules, 2003 which inter alia provides that where an employee dies on completion of 55 years of age, his dependents are not entitled to compassionate appointment.