KRISHNA KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of a bunch of writ petitions SC have been preferred by various petitioners. However, the facts have been referred from CWP No. 4303 of 2009.

(2.) In view of number of cases in which similar question arose and there being conflicting views of various Division Benches, matter was referred to Full Bench by the Single Judge. Needless to observe that facts of each case vary. We have noticed facts from one case, as referred to above.

(3.) Learned Counsel representing the petitioners, referred to the view taken by this Court in two Division Benches in case titled as Lalit Sharma v. State of Haryana, in CWP No. 6890 of 2007 decided on 11.7.2008 and Sheela Devi v. State of Haryana and another in CWP No. 8844 of 2007 decided on 22.8.2008, and contended that judgments delivered therein contained the correct view. Policy of compassionate appointment being in the nature of a social welfare measure needed liberal interpretation. Thus, the scheme/policy applicable on date of death of the employee should be the relevant for consideration of case of his dependant for appointment on compassionate basis. According to them, the Apex Court in its recent judgment reported as Bhawani Prasad Sonkar v. Union of India and others, 2011 4 SCC 209 has taken the same view.