RAJPATI Vs. STATE OF HARYANA & ORS.

JUDGEMENT

(1.) By this petition the petitioner has prayed to quash the order dated 27.3.2015 (Annexure P-8) passed by Director Seconday Education, Haryana.

(2.) Brief facts of the case are that the husband of the petitioner was appointed as a Safai Karamchari on 9.1985. After having been in service for 15 years his services were regularised on 21.6.2000. He unfortunately died on 15.1.2003 leaving behind the petitioner and three minor sons. The petitioner is stated to have applied for a job for her son and as was the practice at that time, she was informed that her elder son was minor and his case would be considered when he would attain the age of majority. Even after her son attained the age of majority his case for compassionate appointment was not considered and ultimately he filed CWP No. 26607-2014 and that petition was disposed of with a direction to the respondents to decide the representation. The representation having been rejected, she is before this Court.

(3.) The impugned order Annexure P-8 mentions that since the services of the husband of the petitioner had been regularized only with effect from 26.01.2000 and since he had died on 15.01.2003 prior to having completed 3 years service so the petitioner was not entitled to any benefit under 2003 Rules. Even in the written statement filed before me only this ground has been taken. Learned counsel for the petitioner has relied upon the decision of Division Bench of this Court in the matter of Smt. Kamlesh v. State of Haryana reported as 2006(6) SLR 398 in that case also this very Rule and this very requirement of having 3 years of regular service was considered and it was held as follows:-