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Showing contexts for: missing employee in Date Of Decision: December 2 vs Purnima And Others on 21 December, 2012Matching Fragments
"1. (1) These rules may be called the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006.
(2) They shall come into force at once.
2. The object of the rule is to assist the family of a deceased/missing Government employee of Group C and D category, in tiding over the emergent situation, resulting from the loss of bread-earner while in regular service by giving financial assistance.
3. The eligibility to receive financial assistance under these rules shall be as per the provision in the pension/family pension scheme, 1964.
4. An eligible family member of the deceased/missing Government employee shall make an application i Form A for compassionate financial assistance.
5. (1) On the death of any Government employee, the family of the employee would continue to receive as financial assistance a sum equal to the pay and other allowances that was last drawn by the deceased employee in the normal course without raising a specific claim;-
10. Proceeding further, next important aspect which needs mention is the object with which these rules have been framed. Rule-2 specifically delineates the objects and reads as under:-
"2. The object of the rules is to assist the family of a deceased/missing Government employee of Group C and D category, in tiding over the emergent situation, resulting from the loss of the bread earner while in regular service by giving financial assistance."
26. The first such crucial observation of Hon'ble the Supreme Court appears in Para 7 of the judgment in which, while discussing an earlier decision of Hon'ble the Supreme Court in United India Insurance Company Ltd. Vs Patricia Jean Mahajan and Others, 2002(3) RCR (Civil) 534: 2002 (6) SCC 281, the Hon'ble Court states that ".....deductions are admissible from the amount of compensation in case of the claimant receives the benefit as a consequence of injuries sustained which otherwise he would not have been entitled to. It does not cover cases where the payment received is not dependent upon an injury sustained on meeting with an accident." At this stage of the discussion it would be relevant to highlight the object of the Compassionate Assistance Rules framed by the State of Haryana. Rule 2 of the said Rules (which have been reproduced above) clearly states that 'the object of the rule is to assist the family of a deceased/missing Government employee of Group C and D category, in tiding over the emergent situation, resulting from the loss of bread earner while in regular service by giving financial assistance'. A bare perusal of the said 'object' would reveal that financial assistance through the Compassionate Assistance Rules is not dependant upon the death of an employee arising out of an accident only. This benefit is available across the board to any employee who dies in harness. Infact, even death of a serving employee is not a precondition for the grant of compassionate assistance as such assistance is to be given even in case of a missing employee. The financial assistance as envisaged under the Rules of 2006 has absolutely no correlation with manner in which the death occurs and is not in the least intended to cover cases of motor vehicle accident death. The obvious corollary is that the 'object' of Compassionate Assistance Rules, as stated in Rule 2 above, clearly brings the said financial assistance within the purview of the exception carved out in the case of Patricia Jean Mahajan (supra) and which has been highlighted immediately above.