DARSHANA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner No.2, who is a handicapped person, seeks appointment on compassionate grounds but inspite of the fact that his case had been recommended way-back on 29.05.2001 (Annexure P-4) by the respondent-Municipal Council but the said relief has been denied to him on totally untenable grounds by respondent No.4, vide order dated 02.12.2009 (Annexure P-9). It is, in such circumstances, this Court is of the opinion that the petition is liable to be allowed.

(2.) The facts of the case would go on to show that the husband of petitioner No.1-Kishan Lal was employed in the Municipal Council, Rewari and expired on 14.05.2001 while working as a Peon. The wife immediately applied for compassionate appointment for petitioner No.2, the son who is orthopedically handicapped to the extent of 70% and the medical certificate is annexed as Annexure P-2. Resultantly, the Municipal Council, Rewari, in its meeting dated 23.05.2001 (Annexure P-3), agreed to appoint him on the post of Peon and the Deputy Commissioner, being the appointing authority, the case was sent for the grant of its sanction. Paymnet of ex gratia grant was also passed. On account of the inaction of the said respondent No.4 to grant necessary sanction, communication dated 04.01.2005 (Annexure P-4) was also addressed by the Municipal Council, which was followed up with the request of petitioner No.2 also on the same date (Annexure P-5).

(3.) The decision kept hanging fire with the said respondent inspite of another representation made on 16.12.2008 (Annexure P-6). Resultantly, the petitioners had approached this Court in CWP-13040- 2009 wherein it was not brought to the notice of this Court that the matter in principle had been decided by the Municipal Council. Resultantly, directions had been issued on 25.08.2009 (Annexure P-7) to decide the representation dated 04.01.2005. Resultantly, the impugned order dated 02.12.2009 (Annexure P-9) came to be passed on the ground that as per the notification dated 01.08.2006, when the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees, 2006 Rules came into force, all appointment cases were to be decided under the said policy. Resultantly, only liberty was given to opt for the lump sum ex gratia amount as provided in the said notification.