NISHA RANI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE prayer of the petitioner in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to pay the service benefits of Satish Kumar (deceased) to the petitioner i.e D.C.R.G., Leave Encashment, Family Pension, Provident Funds, Arrears of Pay, Insurance Claim and other service dues, as well as, the Ex -gratia Financial Assistance under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 along with interest on the delayed payment.

(2.) CONTENDS that the husband of the petitioner died on 06.02.2005. Immediately, after his death, the respondents were required to release the service benefits to the petitioner being a widow of said Satish Kumar. However, only Rs. 60,000/ - were released. Thereafter, the petitioner moved an application for grant of her appointment on ex -gratia under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2003 applicable to the Municipal Council. Thereafter, the said policy was superseded by the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006. The petitioner again sent various representations and also sent a legal notice on 09.06.2011 which is still pending. Neither the said benefits have been released to the petitioner nor any reply has been sent towards the legal notice.

(3.) HOWEVER , in case, the petitioner is found entitled for the said relief, the same shall be released forthwith. In case, the claim of the petitioner is to be rejected, the same shall be by passing a speaking order.