Smt. Santosh vs Huda And Others on 18 March, 2011

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Punjab-Haryana High Court

Smt. Santosh vs Huda And Others on 18 March, 2011

Bench: Ranjit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                  Civil Writ Petition No. 1534 of 2010
                  Date of decision: 18.03.2011


Smt. Santosh                                         .....Petitioner
                              VERSUS
HUDA and others                                      ....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

Present:    Mr. S.S. Duhan, Advocate,
            for the petitioner.

            Ms. Neena Madan, Advocate for
            Mr. Raghujeet Singh Madan, Advocate
            for the respondents.

RANJIT SINGH, J.

The petitioner has filed this writ petition to seek ex-gratia appointment on the basis of ex-gratia scheme due to death of her husband. The death took place in the year 2004 when the Haryana Compassionate Assistance to the Dependents of Deceased Government Employee's Rules, 2003 (hereinafter referred to 2003 Rules) were applicable. The respondent/HUDA has, accordingly, come up with the stand that it is ready to release grant of Rs. 2.50 lakhs, as per 2003 Rules. Subsequently, the ex-gratia financial assistance as payable was increased to Rs. 5 lakhs as per Rules modified in 2005. Still further, the State has introduced new Rules in the year 2006. As per para 6 of 2006 Rules, option has been given to the employees either to ask for ex-gratia payment under 2003 or 2005 Rules or monthly payment under 2006 rules if his case had not earlier been finalised. The counsel for the petitioner submits that he would accept payment under 2005 Rules. Accordingly, the petitioner has held entitled to ex-gratia payment under 2005 Rules as opted by the petitioner before the Court .

Civil Writ Petition No. 1534 of 2010 -2-

The writ petition, accordingly, is allowed. Directions are issued to the respondents/HUDA to release ex-gratia payment of Rs. 5 lakhs within a period of two months from the date of receipt of copy of this order. The claim of the petitioner for any ex-gratia appointment, however, is not made out and, accordingly, is declined.

The writ petition is, accordingly, disposed of in the above terms.

March 18, 2011                         (RANJIT SINGH )
rts                                      JUDGE

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