VIDHYA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Head Constable Rohtash, while on official duty died in a motor vehicular accident on 11.8.2005, leaving behind the petitioner being the widow and three minor children. The petitioner accordingly applied for financial assistance as per the "The Haryana Compassionate Assistance to the Dependents of deceased Government Employees Rules 2006" (in short 'Rules of 2006'). Vide order dated 18.10.2006 (Annexure-P-2), the said request was allowed and the financial assistance equal to the pay and other allowances that were last drawn by late EHC Rohtash were granted with effect from 1.8.2006. It was further stipulated that the widow of the deceased is not entitled to get pension with effect from 1.8.2006 during the period of drawl of pay and allowance under the new scheme. It further comes out that later on, respondents passed a fresh order dated 8.2.2008 (Annexure-P-4), whereby the compassionate financial assistance amounting to Rs. 2,50,000/- was allowed to the petitioner under 'The Haryana Compassionate Assistance to the Dependents of deceased Government Employees Rules, 2003", stating that the family of the deceased had not opted financial assistance under the new rules of 2006. The said order reads as under :-

(2.) The reply of the State reveals that the order dated 8.2008 (Annexure-P-4) is stated to have been passed on the basis of application dated 18.1.2008 (Annexure-R-2). The perusal of the original application shows that the petitioner is stated to have requested that she should be released ex-gratia grant of Rs. 2,50,000/-, stating that she is already getting financial assistance under the rules of 2006.

(3.) I have heard the learned counsels for the parties and have also carefully gone through the file.