SUMITRA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition with a dual prayer. In addition to seeking compassionate appointment for her son, she has also prayed for fixation of seniority of her late husband in terms of an order of this Court passed in C.W.P. No. 832 of 2006, decided on 11.02.2009 (Annexure P-8).

(2.) Learned counsel for the petitioner seeks the issuance of a direction to the respondents to appoint the son of the petitioner on compassionate basis under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees (Amendment) Rules 2014 (hereinafter referred to as the 2014 Rules), a prayer which cannot be granted as the benefit of the 2014 Rules cannot be extended to the petitioner since the same came into effect only from 01.01.2014 and the husband of the petitioner had expired in the year 2008. A perusal of the 2014 Rules further shows that the same would apply to the dependent's family member of a "martyr Government employee" and under the explanation given, a "martyr Government employee" means a Police Personnel or a Civil Employee of the Haryana Government who during law and order duties is killed in action while displaying bravery and extra ordinary courage in fighting with the anti-social elements, dacoits, criminals, terrorists, extremists and insurgents and while saving other human lives during natural calamities. The death of petitioner's husband does not fit in the definition of a "martyr Government employee". In fact, as per the impugned orders, at the time of his death, he was off duty. Even otherwise, way back in the year 2009, without any protest, the petitioner had accepted the ex-gratia payments made under the Scheme applicable at the time of her husband's death.

(3.) So far as the prayer of the petitioner for fixing the seniority of her late husband as per the orders passed by this Court in C. W. P. No. 832 of 2006 (Annexure P-8) is concerned, a perusal of the order shows that the writ petition had been disposed of by directing the Director General of Police to pass a speaking order within a period of one month with regard to fixation of seniority. Learned counsel for the petitioner feigns ignorance with regard to passing of an order by the Director General of Police, Haryana, in pursuance to the aforementioned order passed by this Court and that being so, he prays for and is granted liberty for withdrawal of the petition qua this prayer, to approach the respondent Authorities in this regard.