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Through the present petition filed under Article 226 of Constitution of India the petitioner prays for the issuance of a writ in the nature of mandamus to direct the State to release ex-gratia/ pensionary benefits to the petitioner on the death of his wife.

The petitioner's wife, while serving as a Warder in the district Jail at Panipat, died in harness on 23.09.2022. After her death, the petitioner, through an undated application, sought release of his wife's full salary from the date of her death till her retirement; her General Provident Fund and other retiral benefits. Such application was made by him under the Haryana Civil Services (Compassionate Financial Assistance and Appointment) Rules, 2019 (for short - the Rules). Through letter dated For Subsequent orders see RA-CW-285-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL 1 of 7 14.10.2022 the State responded to the petitioner's application and asked him to file all requisite documents that were required under the Rules. According to the petitioner he had thereafter submitted all relevant documents but since when even after the submission thereof ex-gratia payments were not released he has been forced to knock the doors of this Court through the instant petition.

Rule 5, 36 and 39 of the Rules along with Form CFA-I which are relevant are reproduced as under :-

5. (1) In these rules, unless the context otherwise requires,―
(a) "compassionate financial assistance" means a monthly assistance at the rate specified by Government by notification from time to time, which is admissible under these rules to the eligible family member(s) of a Government employee who dies or disappears while in service subject to For Subsequent orders see RA-CW-285-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL 2 of 7 future good conduct;

Exception.-- In case of Haryana Civil Medical Services Doctors or any other personnel where the age of superannuation is more than sixty years, the age of superannuation for the purpose of duration of compassionate For Subsequent orders see RA-CW-285-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL 3 of 7 financial assistance admissible under these rules shall be deemed to be sixty years. 



     17.11.2022                                           (Deepak Sibal)
     gk                                                       Judge


                  Whether speaking/ reasoned: Yes/No
                  Whether Reportable:         Yes/No

For Subsequent orders see RA-CW-285-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL 7 of 7