KIRAN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decree dated 12.01.2010 of the trial Court, whereby her suit for declaration to the effect that she was entitled to receive ex-gratia benefits of her husband was dismissed. Further challenge has been made to the judgment and decree dated 30.09.2010 of the lower appellate Court, dismissing the appeal filed by the plaintiff against the aforesaid judgment and decree of the trial Court.

(2.) Appellant filed the instant suit for declaration and mandatory injunction against the respondents alleging that her husband, namely, Baljeet Singh was employed as a Sweeper with respondent No.2 about 15 years ago and his services were regularized with effect from 03.01.1997. He expired on 17.06.2004 during the course of his employment and the plaintiff-appellant, being his widow and legal heir, was entitled to receive the benefits under ex-gratia Scheme. Despite request, she was not given any benefit. It was further alleged that dependents of other similarly situated employees, who died during the course of their employment, were given the ex-gratia benefits. It was further averred that legal notice dated 28.01.2008 was also sent to the respondents. However, nothing was done by the respondents, thus, necessity arose to file the instant suit.

(3.) Upon notice, the respondents appeared and filed written statement raising various preliminary objections. It was alleged that the suit was barred by limitation. It was further submitted that husband of the plaintiff was engaged as a daily wager and no letter of appointment was issued to him. He died on 17.06.2004 being a daily wager and as per the scheme of Government, dependents of a daily wager employee were not entitled to any ex-gratia benefit, and thus, dismissal of the suit was prayed for.