REENA DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present is a widow's petition, who, on the death of her husband, claims financial assistance from the respondent State of Haryana under the Haryana Compassionate Assistance to the dependents of Government Employees Rules, 2006 (hereinafter referred to as - 2006 Rules). Shorn of the unnecessary details, the facts, which are borne out from the record of the case and which have emerged from the arguments raised at the bar are that the petitioner's husband Late Shri Ram Niwas, after going through the regular selection process conducted by the Haryana Staff Selection Commission (hereinafter referred to as the Commission), through appointment letter dated 10.02.2012 (Annexure P -1), was appointed as a Driver (Heavy Transport Vehicle) on contract/daily wages basis. After going through a medical examination, as required under the terms of his appointment, he joined the services of the respondents on 22.02.2012. Unfortunately, he expired in harness on 21.03.2013. His death, spiralled his family in financial constraints, which led to the application by the petitioner - his widow, for the grant of financial relief under the 2006 Rules. The application filed by her was rejected on the basis of Memo dated 20.07.2011 issued by the Chief Secretary to Government of Haryana to the Director General, State Transport, Haryana, wherein it was stipulated that the financial assistance under the 2006 Rules was to be granted only to the regular employees.

(2.) In support of his case, counsel for the petitioner has relied upon a decision of this Court in C.W.P. No. 5593 of 2011 Kelo Devi v/s. State of Haryana and Others, decided on 07.02.2013, wherein, after setting aside Memo dated 20.07.2011, the petitioner therein, who was identically placed as the petitioner, was held entitled to the grant of ex gratia assistance under the 2006 Rules, by holding as under:

(3.) Having gone through the judgment rendered in Kelo Devi v/s. State of Haryana and Others (supra), I find that it fully covers the case of the petitioner in her favour. In view of the above, the present writ petition is allowed. The petitioner is held entitled to ex -gratia assistance under the 2006 Rules, on account of the service rendered by her late husband. The admissible financial assistance, as per the 2006 Rules, be released to the petitioner within a period of one month from the date of receipt of a certified copy of this order.