HOSHIYARI DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) (Oral) - This petition has been filed for quashing of Annexure P-8 issued by the Director, Primary Education, Haryana rejecting the petitioners request for providing employment to her daughter Kumari Poonam Rani under the ex-gratia scheme.

(2.) The admitted facts, which are borne out from the record of the case show that Shri Bhan Singh, husband of the petitioner and father of Kumari Poonam Rani, died on 19.6.1989 while he was serving as J.B.T. teacher under the Education Department of the Government of Haryana. Although, Kumari Poonam Rani was hardly 12 years and 6 months old, the petitioner applied to the District Primary Education Officer, Rohtak for her appointment on compassionate grounds. After some correspondence, the respondent No. 2 passed the impugned order and rejected the petitioners request for providing employment to her daughter.

(3.) The first contention urged by Shri R.K. Malik, learned counsel for the petitioner is that even though Kumari Poonam Rani was minor at the time of demise of her father, the respondent No. 2 was duty bound to consider her claim for ex-gratia employment on attaining majority. Learned counsel argued that the period of limitation prescribed in the executive instructions issued by the Government cannot operate to the detriment of a minor dependent of the deceased Government servant. The second contention urged by Shri Malik is that the instructions issued by the Government vide circular letters Annexure P-l I dated 8.5.1995 and P 12 dated 31.8.1995 could not have been invoked for rejecting the claim of the petitioner because the executive instructions issued by the Government cannot operate with retrospective effect.