BAKSHSHISH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FATHER of the petitioner, namely, late Shri Jagsir Singh, while he was working as a JBT teacher, expired on 10.8.1992. Since the petitioner at that time was minor and as per the policy prevalent at that time, the name of the petitioner was kept in the waiting list for him to attain majority. A representation was submitted on attaining his age of majority to grant him the appointment which was not responded to. When nothing was heard, mother of the petitioner, namely, Sukhjit Kaur, submitted a representation dated 4.12.2008 (Annexure-P-4), claiming appointment for the petitioner in the light of the then prevalent instructions under which the claim of the petitioner was to be considered, i.e. dated 8.3.1995/13.8.1995.

(2.) IN the year 2003, Government of Haryana amended the Rules, according to which, appointments could be granted on compassionate ground and lump-sum ex-gratia payment could also be made. Since the claim of the petitioner was not decided and in the light of the instructions issued by the Chief Secretary to Government of Haryana, where no decision has been taken till date, applications were invited in pursuance thereto.

(3.) COUNSEL for the petitioner contends that the claim of the petitioner is covered by the Full Bench judgment of this titled as Krishna Kumari Versus State of Haryana and others, decided on 20.4.2012, according to which the claim of the petitioner has to be considered according to the instructions prevalent at the time of death of deceased employee. He on this basis contends that petitioner, at this stage, will be satisfied, if a direction is issued to the Chief Secretary to Government of Haryana, to consider and decide the representations of the petitioner within some specified time.