PREM DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Late Sh. Bula Ram, husband of the petitioner was working as a Driver in the Rewari Cooperative Marketing Society Ltd., Rewari-respondent No.3 (in short 'respondent-Society'). On 02.03.2009, Bula Ram died in harness leaving behind the petitioner along with four minor children. On 17.03.2009, the petitioner approached respondent No.3 for grant of financial assistance and also sent representations to respondent Nos.1 and 2 regarding her grievance. However, respondent-Society passed Resolution No.5 (Annexure P-2), stating that the request will be considered when the financial condition of the respondent-Society will become good and the then financial assistance shall be given as per rules. The petitioner preferred CWP No.14634 of 2011 and this Court vide order dated 11.08.2011 directed the respondent-Society to take a final decision on the legal notice of the petitioner within 90 days, in accordance with law. Accordingly, the respondent-Society passed an order dated 02.11.2011 (Annexure P-4), stating that the Haryana Compassionate Assistance to the dependents of deceased Government Employee Rules, 2006 (in short 'the Rules 2006') are not applicable to the petitioner. Therefore, the claim of the petitioner was denied.

(2.) In the written statement filed on behalf of respondent No.2, similar stand has been taken as taken in the impugned order dated 02.11.2011 (Annexure (P-4). It is stated that the services of the husband of the petitioner were governed by the Haryana State Supply and Marketing Cooperative Service (Common Cadre), Rule 1988, not by the Rules applicable to the Government Employees. He was getting the pay as per Rules applicable to the respondent-Society. Therefore, the petitioner is not entitled to the claim of ex-gratia assistance, in terms of the Rules 2006.

(3.) I have heard learned counsel for the parties and have also carefully gone through the case file.