KULDIP KUMAR Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The father of the petitioner was working as Lineman with the Uttar Haryana Bijli Vitran Nigam (hereinafter referred to as the 'Nigam'). He died on 27.12.2001. The mother of the petitioner applied for appointment of the petitioner on compassionate appointment after the death of her husband, in January, 2002. The petitioner has completed all the formalities in terms of the Policy dated 8.5.1995, for giving appointment on compassionate grounds, prevailing at that time. However, before any decision could be taken, the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003 (hereinafter referred to as the '2003 Rules'), were framed in exercise of the power conferred under proviso to Article 309 of the Constitution of India.

(2.) The said Rules were adopted by the respondent Nigam as well.

(3.) It is the case of the petitioner that the father of the petitioner was 55 years, 8 months and 17 days of age at the time of his death. In view of the said fact, the claim of the petitioner for compassionate appointment has been rejected by the Nigam vide communication dated 24.12.2003, Annexure P-5. It is the said communication which is subject matter of challenge in the present writ petition. It has been further pointed out that on 10.2.2004, the Haryana Government amended the aforesaid Rules wherein in case a Government employee dies in harness at the age of 55 years or thereafter, the ex-gratia financial assistance of Rs.2.5 lacs was contemplated to be provided. It is also pointed out that the claim of the petitioner has not been considered on the ground that he was more than 25 years of age at the time of death of his father, but such condition is not tenable for the reason that the father of the petitioner has crossed 55 years of age at the time of his death and thus, he is still entitled to compassionate financial assistance of Rs.2.5 lacs. It is also pointed out that deceased father of the petitioner has left behind his wife, who is illiterate and three children. Since the petitioner is the elder son, therefore, he is entitled to be appointed on compassionate ground.