SALINDER KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks a writ in the nature of mandamus directing the respondents to grant ex gratia employment on compassionate grounds on account of death of his father who died as a government servant on 17.02.1993 while serving as Bull Attendant from CVD, Amritpur Kalan, Office of Deputy Director, ICDP, Karnal.

(2.) It is the case of the petitioner that he was minor at the time his father died as he was born on 10.04.1980. The mother had represented that her son will became major in the year 1998 and will become eligible for government service and, therefore, an application had been addressed to the Chief Minister, Haryana for seeking employment in the year 2004. The same had been forwarded to the Chief Secretary on 21.09.2004 (Annexure P-1). Resultantly, reliance was placed upon instructions dated 08.05.1995 (Annexure P-2), which was further modified on 31.08.1995 (Annexure P-3) and the Rules framed thereafter on 28.02.2003 (Annexure P-4) which have been further amended on 01.08.2006 (Annexure P-6). Reference is made to representation through counsel dated 09.12.2009 (Annexure P-7) and resultantly, the present writ petition has been filed.

(3.) The State, in its response, has submitted that as per ex gratia policy dated 22.12.1970, an employee was entitled to 10 times of the last drawn monthly emoluments excluding house rent allowance and to the maximum of Rs. 25,000/- in case of such exigencies. The family was paid Rs. 17,240/- on 05.11.1993. At the time of the death of the employee, the policy dated 03.11.1988 (Annexure R-1) was in existence. It is stated that the family had to apply within a period of 3 years from the date of death to avail the benefit. Similarly, reference is also made to the policy dated 19.05.1989 (Annexure R-2) and the Government letter dated 27.03.1991 (Annexure R-3) that application has to be filed within a period of 3 years from the date of death of the employee and could not be considered thereafter. It is the case of the State that the petitioner applied only on 16.09.1997 i.e. after 4 1/2 years of the death of his father. Reference is also made to policy dated 08.05.1995 (Annexure P-2) that applications were to be received within a period of 3 years and that the wife of the deceased was getting pension. The Government had already conveyed its decision on 25.06.1999 (Annexure R-4) that the petitioner will not be given employment.