ASHA DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner is seeking direction to the respondents to grant her the benefit of compassionate assistance as per the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 (for short '2006 Rules').

(2.) Husband of the petitioner died on 07.09.2004 while working on the post of VLDA. He left behind the petitioner and three minor children. He was a regular employee since 12.06.1984. After his death, the petitioner was offered appointment to the post of Watermen vide letter dated 21.06.2006 (Annexure P -1). However, she could not accept the said appointment due to adverse condition in her family life on account of death of her husband and had no time to spare for minor children. At the same time, the petitioner had made an application dated 30.11.2005 (Annexure P -2) for appointment of her son namely Manish Kumar as he was a matriculate. Thereafter, she made another application for grant of compassionate assistance under the 2006 Rules. This application was duly received by the respondent -department. Thereafter, respondent No. 3 sent the same to respondent No. 2 vide letter dated 13.09.2009, however no action was taken thereon. Consequently, respondent No. 3 again sent a letter dated 18.10.2006 (Annexure P -4) to respondent No. 2 recommending that instead of appointment, the petitioner be offered the financial assistance under 2006 Rules. The claim of the petitioner for getting financial assistance under 2006 Rules was sanctioned vide letter dated 13.02.2007 (Annexure P -6) with a condition that she shall not be entitled to any family pension. The petitioner deposited the entire amount of family pension received by her vide Treasury Challan No. 49 dated 29.01.2009. Respondent No. 3 vide letter dated 02.03.2009 (Annexure P -7) requested respondent No. 2 to start payment of monthly salary w.e.f. 03.08.2006.

(3.) The problems of the petitioner started now when instead of complying with the sanctioned letter dated 13.02.2007 (Annexure P -6), respondent No. 2 vide letter dated 26.05.2010 informed respondent No. 3 that as per letter/clarification dated 16.01.2009 (Annexure P -11) issued by the Government, the petitioner could not be granted the benefit as she had already been issued the Pension Payment Order. Hence, this petition.