RAJESH KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 16.03.2012 (Annexure P-12) to the extent of allowing only 25% of ex-gratia amount instead of Rs. 5 lacs. A prayer has also been made for issuance of directions to the respondents to allow the ex-gratia grant of Rs. 5 lacs to the petitioner instead of '1.25 lacs.

(2.) The father of the petitioner, namely, late Sh. Satbir Singh was working as a Clerk and he expired at the age of 54 years on 24.04.2006 while being posted in the office of Assistant Registrar, Cooperative Societies, Narwana, District Jind. The mother of the petitioner had expired on 15.01.2002 i.e., even before the death of his father. The petitioner and his younger brother, namely, Kapil as well as his younger sisters were got married during the lifetime of their father.

(3.) After the death of the father of the petitioner, a request was made for appointment of younger brother of petitioner, namely, Kapil as he had passed 10+2 examination. An affidavit was also submitted by other LRs in support of younger brother of the petitioner. LRs of deceased Satbir Singh had also submitted an affidavit dated 09.06.2006 authorizing the petitioner to get all the after death benefits like GPF, GIS, leave encashment and DCRG etc. and consequent thereupon, all benefits were paid to the family through the petitioner. The Assistant Registrar, Cooperative Societies, Narwana informed the petitioner that as per Financial Assistance Rules and Family Pension Scheme, 1964, none of the family member was dependent upon the deceased as all sons and daughters were already married. Again a request was made by the petitioner to release financial assistance under Rules, 2005 but the claim of the petitioner was rejected vide order dated 11.11.2008, which is subject matter of challenge in the present writ petition.