LAWS(P&H)-2013-9-406

KAMLA DEVI Vs. STATE OF HARYANA AND OTHERS

Decided On September 05, 2013
KAMLA DEVI Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) THIS petition has been filed for issuance of directions to the respondents to release financial assistance to the petitioner by considering her husband as regularized w.e.f. 01.10.2003 under the regularization policy dated 01.10.2003. The husband of the petitioner was appointed as Beldar in the year 1998. His services having been terminated he moved the Labour Court which by award dated 29.08.2002 set aside the order of termination of his services and ordered reinstatement with continuity of service. The husband of the petitioner thereafter repeatedly approached the respondents and was allowed to join only w.e.f. 25.04.2003. During his service he died on 11.12.2007. The claim in the present petition is for deemed regularization of his services and consequent relief of grant of financial assistance to the present petitioner.

(2.) IN reply, the only stand taken by the respondents is that the husband of the petitioner had not completed 3 years continuous service on 01.10.2003. In the written statement, the averment that the husband of the petitioner had repeatedly approached the respondents but was permitted to join only after they had obtained requisite permission has not been denied.

(3.) PETITION is allowed in the above terms. Let the necessary exercise be conducted and the due payment be disbursed to the petitioner within a period of three months from the date of receipt of a certified copy of this order, failing which, the petitioner would be entitled to claim the same with interest @ 8% p.a. from the date/s it fell due till payment. Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.