SHEELA DEW Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 655, 3279, 3468, 6992, 8844, 9707, 10787, 11608, 12102, 13264, 13552, 13690, 14795, 14906, 15789, 17059, 17734, 17904, 18318, 19419 of 2007 and CWP Nos. 853, 908, 1169, 1913, 2794, 2890, 5969, 6258, 6280, 11886, 12102, 12124, 12170, 12230, 12301, 12584, 12589, 12878, 13086, 13172, 13311, 13324, 13362 and 13369 of 2008 as the controversy involved in all the writ petitions is similar. However, the facts are being extracted from CWP No. 8844 of 2007 titled as Sheela Devi v. State of Haryana and Ors.

(2.) THE Petitioner filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order, dated 6th March, 2007 (Annexure P -8) whereby the claim of the Petitioner has been rejected and also for quashing/setting aside the order dated 9th August, 2006 (Annexure P -9), - -vide which Respondent No. 5 has been appointed as a Constable in the Haryana Armed Police ignoring the claim of the son of the Petitioner. The Petitioner has further prayed for issuance of a writ of mandamus thereby directing the Respondents to appoint her son on the post of Constable in Haryana Police in place of Respondent No. 5 under Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003/2005, dated 18th November, 2005 (Annexure P -10). Further prayer is for issuance of any other appropriate writ, order or direction which might be deemed fit in the facts and circumstances of the present case.

(3.) ON 20th October, 2006, the office of Superintendent of Police denied the claim of the son of the Petitioner on the ground that as per the new Ex gratia Policy formulated in the Month of August, 2006, there is no provision of job and as per policy only monthly financial help or assistance or one time amount could be availed by the Petitioner. It is further averred that the Petitioner visited the office of Respondent No. 4 on 22nd October, 2006 requesting to forward the case of her son for appointment but she was conveyed that case of her son could not be recommended on the ground that the Government has formulated new policy in August, 2006 i.e. Ex -gratia Policy of 2006 and there is no provision of offering a job on compassionate ground in the said policy. Thereafter, the Petitioner served an advance notice of writ petition -cum -final demand notice on 25th October, 2006. Left with no alternative remedy, the Petitioner preferred Civil Writ Petition No. 18598 of 2006 titled as Smt. Sheela Devi v. State of Haryana and Ors. and the same was disposed of on 23rd November, 2006 by a Division Bench of this Court with a direction to the Respondents to decide the legal notice sent by the Petitioner within a period of two weeks.