OM PATTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has invoked the extra ordinary writ jurisdiction of this Court seeking to quash the order dated 13.8.2005, Annexure P-5, whereby the claim of the petitioner for appointment on compassionate ground was declined.

(2.) The husband of the petitioner namely Ram Kumar joined the respondent- Central Cooperative Society (hereinafter referred to as the Society) as Junior Accountant on 25.9.1971. He expired on 6.3.2000. The petitioner applied for appointment on compassionate ground vide application dated 22.6.2000. A resolution was passed by the respondents accepting the request of the petitioner for appointment on compassionate ground. But it is the case of the petitioner that she was not keeping a good health, so she sought appointment of her son on compassionate ground on his attaining the age of eligibility. The said request of the petitioner was accepted by the respondents when resolution No. 7 passed on 21.7.2000. Thereafter, the petitioner submitted representation dated 26.5.2005 for appointment of her son but the said request of the petitioner was rejected by the respondents while passing a resolution on 12.8.2005. Consequent to the said resolution, a communication was addressed to the petitioner on 13.8.2005, Annexure P-5, declining the request of the petitioner for appointment of her son on compassionate ground. Thereafter, vide communication dated 26.3.2007, Annexure P-6, an offer was given to the petitioner whether she would like to get the financial assistance of Rs. 2.5 lacs under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003 (hereinafter referred to as the Rs. 2003 Rules') or she would like to get the pay and other allowances last drawn by her husband under the ex-gratia scheme framed by the Haryana Government on 1.8.2006.

(3.) It is apparent from the facts narrated above, that it was the petitioner who sought appointment of her son on attaining the age of eligibility as he was not even 18 years of age at the time of death of his father. By the time son of the petitioner attained the age of 18 years, the 2003 Rules came into force. As per the 2003 Rules, the appointment could be given only against 5% of vacancies against the direct recruitment quota. Rule 8 (f) of the 2003 Rules provides where the dependent of the deceased Government employee does not become eligible for appointment on any ground or within three years of the death of the Government employee, he/she shall not be eligible for ex-gratia compassionate financial assistance of 2007 3 also. The request for the appointment on compassionate ground could be made within 3 years of the death of the employee.