RAJESH DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is seeking issuance of writ in the nature of mandamus seeking direction to the respondents to release the monthly financial assistance under ''the Haryana Compassionate Assistance to the dependents of deceased Government Employees Rules, 2006 (for short 'Rules 2006') ''

(2.) Brief facts of the case are that the husband of the petitioner was initially appointed as Conductor on 13.03.2013 through regular process conducted by Staff Selection Board (P -1). The husband of the petitioner was given regular pay scale vide instruction dated 25.06.2014 (P -2). Unfortunately, the husband of the petitioner died on 14.11.2014 in a road side accident, while he was in service (P -3). Petitioner submitted his application regarding granting of benefit under Rules 2006 (P -4) but till date no action has been taken and the petitioner came to know that the case of the petitioner is not being considered as husband of the petitioner had not completed one year of service.

(3.) Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment passed by this Court in a case of Usha Rani and others Vs. State of Haryana and others, passed in CWP No. 10697 of 2013, decided on 07.10.2014 whereby this Court while dealing with a case of a driver who was appointed on 10.02.2012 and died on 30.09.2012 and his legal heirs were denied the benefit of Rules 2006 on the ground that he had not completed one year of service. This Court allowed the writ petition by referring to the below mentioned judgments: -