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Showing contexts for: apprentices in State Of Haryana & Ors vs Rani Devi & Anr on 15 July, 1996Matching Fragments
J U D G M E N T N.P. SINGH. J.
Leave granted.
These appeals have been filed on behalf of the State of Haryana for setting aside the orders passed on two writ petitions filed by respondents Rani Devi and Anguri Devi, directing the appellant-State to appoint the said respondents against class-IV posts on compassionate grounds in view of the fact that their respective husband died while working as Apprentice Canal Patwaris. The husband of respondent Rani Devi worked as Apprentice Canal Patwari from 25.8.1987 to 25.2.1989, whereas the husband of respondent Anguri Devi worked as Apprentice Canal Patwari from 15.7.1992 to 2.6.1993.
There is no dispute that the husbands of the two respondents had been appointed on ad-hoc basis as Apprentice Canal Patwaris. According to the court punishment, in this back ground there is no question of issuing any direction in respect of appointments of the respondents who are the widows on compassionate grounds. In this connection, our attention was drawn to the Punjab Civil Services Rules which we are informed are in force even in the State of Haryana. Paragraph 2.6 of chapter II defines 'Apprentice' to mean a person deputed for training in a trade or business with a view to employment in Government service, who draws pay at monthly rates from the Government during such training, but is not employed in or against a substantive vacancy in the cadre of the department. Reference was also made to the decision of the State Government which was notified on 9.5.1972 saying that the scheme of benefit of ex-gratia payment to the dependant of the employees of the Haryana Government who died while in service was not applicable to ad-hoc employees. The stand of the State is that any scheme in respect of payment to one of the dependents of the deceased Government employee is not applicable to casual, ad-hoc employees or employees who are just apprentices.
It appears that on 31.10.1985, a communication was issued by the State Government to all concerned saying that Government had introduced payment of ex-gratia grant for the welfare of the 'deceased Government employees' in order to assist the members of the bereaved family for settling themselves. The scheme also conceived giving employment to one of the dependants of the deceased employee. According to state, the expression 'employee' used in the aforesaid communication shall not include casual, ad-hoc employee or a person who has been appointed as an Apprentice.
So far the facts of the present case are concerned, we fail to appreciate as to how the High Court directed that the respondents aforesaid be appointed on compassionate ground when admittedly the respective husbands of the respondents were working as Apprentice Canal Patwaris for the periods mentioned above. If the scheme regarding appointment on compassionate ground is extended to all sorts of casual, ad-hoc employees including those who are working as Apprentices, then such scheme cannot be justified on constitutional grounds. It need not be pointed out that appointments on compassionate grounds, are made as a matter, of course, without even requiring the person concerned to face any Selection Committee. In the case of Umesh Kumar Nagpal vs. State of Haryana & Ors. (supra) it was said: