DAROPTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) LATE Sh. Dharamveer Singh, husband of petitioner No.1 and father of petitioner No.2 was appointed on the post of Peon in the Department of Excise and Taxation, Haryana on 19.11.1990. It is stated that Dharamveer Singh was suffering from heart ailment and he was hospitalized in the second week of February 2011. Undisputedly, Dharamveer Singh superannuated from service on 28.02.2011. Unfortunately, he expired on 03.03.2011 i.e. merely 3 days post retirement.

(2.) THE present writ petition has been filed seeking issuance of a writ in the nature of mandamus for directing the respondent- authorities to consider the claim of any of the petitioners/ legal heirs of late Sh. Dharamveer Singh for appointment on a suitable post in the respondent-department on compassionate basis. The other benefits claimed in the present writ petition is with regard to the claim of the present petitioners as regards the retiral benefits/post death benefits be considered expeditiously.

(3.) LEARNED counsel for the petitioner has not been able to refer to any instructions/policy decision framed by the State Government in terms of which such a benefit for claiming compassionate appointment would be admissible on account of the death of an employee post retirement. Accordingly, the claim seeking compassionate appointment is without merit and is rejected.