SANDEEP SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has been appointed on the post of a Peon on compassionate grounds in lieu of the death of his father who was working as a Sub Inspector, Cooperative Societies. The father of the petitioner had died in harness on 28.11.2002. The petitioner, who is the son was appointed on the post of a Peon on 1.4.2003 in accordance with the policy existing at that time.

(2.) The only argument raised by the learned counsel for the petitioner is that on 10.2.2004 (Annexure P-2) the respondent- State has framed rules and have applied those rules w.e.f. 4.3.2003 which are known as Haryana Compassionate Assistance to the Dependents of Deceased Government Employees (Amendment) Rules,2004. According to the amendment in Rule 7, referred to in para 5 of Annexure P-2 it has been stipulated that in the case of deceased Government employee, who was working at the lower level in Group C such as Junior Engineer, JBT Teacher, Pharmacist, Driver, Patwari etc. where one step lower post does not exist, the post of Clerk or its equivalent is to be offered. The only argument raised is that since these rules have been made effective from 4.3.2003, the petitioner should have been offered the post of Clerk instead of peon.

(3.) After hearing learned counsel for the petitioner, we are of the considered view that there is no merit in this petition because the relevant rules/instructions/policy of the State applicable to the case of the petitioner would be the one, which was applicable on 28.11.2002 when the father of the petitioner had died because the right of the petitioner would crystalize on that date. Accordingly, the petitioner has been given the compassionate appointment on the post of Peon. The amendment made w.e.f. 04.03.2003 does not apply to him.We do not find any merit in the argument. Dismissed.