ANJU BALA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner's husband while serving as a Constable in the Telecommunication wing of the Police Wireless Department, Haryana was diagnosed from Schizophrenia. The Special Medical Board of PGIMS, Rohtak submitted a medical report confirming the diagnosis. He was declared completely incapacitated for further service in the Police Department. The Superintendent of Police, Telecom, Haryana, Panchkula retired the husband of the petitioner from service on 25.08.2003. He was put on invalid pension under Rule 5.11 of Punjab Civil Services Rules, VolumeII as applicable to Haryana. The petitioner claimed compassionate appointment under the ex-gratia scheme and financial assistance. In cases of death of Government servant, compassionate appointments could be made under policy instructions dated 31.08.1995 and rules notified on 31.03.2003. The Department declined the request for compassionate appointment for the reason that instructions dated 31.08.1995 had been repealed by Government policy dated 31.03.2003. The petitioner on advice submitted a fresh representation to demand an amount of Rs.2.50 lacs in terms of the policy dated 31.03.2003 towards financial assistance. The request for financial assistance was also declined vide order dated 20.04.2005 handwritten on the reverse side of the representation itself on the ground that financial assistance of Rs.2.50 lacs under the ex-gratia scheme can be given only to family of those Government employees who die during service. The scheme does not apply to a case of those who complete service either on superannuation or by way of premature retirement on medical grounds.

(2.) The governing circular relating to disabled Government employees who suffered disabling infliction during service are instructions dated 23.11.1992. These instructions provide for compassionate appointment of a dependent of disabled Government employee. The text of Chief Secretary, Haryana letter dated 23.11.1992 reads as follows:-

(3.) It is not disputed that the policy instructions dated 23.11.1992 were repealed on 20.03.2006 whereas the instructions dated 31.08.1995 which dealt with cases of death were replaced by the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003. These rules were promulgated following the decision of the Supreme Court in Umesh Kumar Nagpal vs. State of Haryana, 1994 4 SCC 138. These rules repealed earlier policy circulars issued by the Haryana Government from time to time namely Letter No.16/5/95-6GS-II dated 08.05.1995; Letter No.16/5/95-6GS-II dated 31.08.1995; Letter No.16/48/96-6GS-II dated 22.08.1996; Letter No.16/29/97-5GS-II dated 25.09.1997; Letter No.16/5/95-5GS-II dated 13.08.1998; Letter No.33/7/96-5GS-II dated 08.06.1999 and Letter No.33/17/2000-6GS-II dated 07.02.2001.