RENU BALA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) It is an unfortunate case, where the petitioner, a female child lost her parents when she was only 1= years of age. Father of the petitioner late Sh. Ashok Kumar and her mother late Smt. Kanta Devi both were working as J.B.T Teachers in the Haryana Education Department. While travelling in a bus on 25.9.1988 both died in accident. Petitioner's date of birth is 9.4.1986, thus, she was 1 = years of age at the time of death of her parents. Office of the Director, Primary Education, Haryana vide order dated 23.5.1989 sanctioned Rs. 15,220.00 as ex-gratia grant in favour of the petitioner. However, the amount could not be disbursed, the petitioner being minor at the relevant time. After the death of her parents, petitioner was brought up by her grand father. Petitioner passed her B.A from Punjabi University, Patiala on 21.6.2007. She became major on 9.4.2004. It is stated that neither the ex-gratia amount nor the G.P.F of her late parents has been released to the petitioner or even to her grand father, who was the guardian after the death of her parents. The petitioner submitted a representation dated 15.7.2004 for release of the G.P.F amount, which was followed by another request dated 20.8.2006 (Annexure P-6). Petitioner also applied for compassionate appointment vide her letter dated 12.9.2007 being an orphan. It is also stated that the ex-gratia amount has been enhanced by the Govt. vide order dated 26.4.1998 equal to 10 months emoluments with minimum of 10,000.00 and maximum of Rs. 25,000.00. Since the petitioner was not paid ex-gratia and G.P.F amount of her parents nor compassionate appointment was granted to her, this petition has been filed seeking a direction for compassionate appointment being an orphan and release of G.P.F and ex-gratia amount payable to her being the sole surviving Legal Representative of the deceased Govt. employees with interest @ 18%.

(2.) On being put to notice, the State-respondents admitted the facts alleged in the writ petition relating to death of the petitioner's parents and her age etc. It is, however, stated that ex-gratia amount of Rs. 15, 220.00 sanctioned on 25.5.1989 could not be paid to the petitioner she being a minor at that time and this amount was kept in a Fixed Deposit. Fixed Deposit receipt No. 0077 has been released in favour of the petitioner. It is stated that on maturity she will be entitled an amount of Rs. 69, 470.50. It is also stated that the final payment of G.P.F amount of Rs. 13, 123.00 has been received by the petitioner on 16.4.2009. In respect to the claim of the petitioner for compassionate appointment, it is stated that the petitioner was minor at the time of death of her parents and there is no provision for keeping a post reserved for the minor under the ex-gratia policy of the State Govt. dated 31.10.1985, which was applicable at the time of death of her parents.

(3.) Vide order dated 5.11.2009 this Court directed the respondents to file a comprehensive affidavit with regard to other claims of the petitioner particularly her right for family pension and other pensionary benefits as also whether she could be offered compassionate appointment. It has also been observed that on the G.P.F amount of Rs. 12, 137/- only an interest of Rs. 986/- has been paid up to March, 1989. Vide another order dated 7.1.2010 respondents were directed to pay the interest on G.P.F and gratuity up to the date of release of the amount.