- (1.) Leave granted.
(2.) We have heard learned counsel on both sides. The question is whether the brother of the deceased employee who died in harness is eligible for employment on compassionate grounds. The High court of Punjab and Haryana by order dated 30/12/1993 in CWP No. 8419 of 1993 directed appointment of the brother of the deceased employee. Feeling aggrieved, the State has come up in appeal.
(3.) The only question is whether the brother is a dependant of the deceased employee who died in harness. By proceedings dated 31/10/1985, the government had stated that the underlying idea to introduce the scheme was to help the bereaved family of a deceased employee immediately by way of providing employment to one dependant of the deceased government employee in addition to ex gratia payment etc. The government in an earlier circular dated 9/3/1979 had stated that the government took the decision that the family members of the employee, who died while in service or had retired due todisability, would be given the facility of employment. Accordingly directions were given. The word 'family' has been defined under Rule 6.16-B (a) of the Punjab Civil Services Rules, Vol. III applicable to the government of Haryana which reads thus: "6.16-B. (1 For the purpose of this rule: (A) 'family' shall include the following relatives of the officer- (i) wife, in case of male officer; (ii) husband, in case of female officer: (iii) sons: (including step-children and adopted children) (iv) unmarried and widowed daughters; (including step-children and adopted children) (v) brothers below the age of 18 years and unmarried and widowed sisters, including step-brothers and sisters; (vi) father; (including adoptive parents in case of (vii) mother; individuals whose personal law permits adoption) (viii) married daughters; and (ix) children of a pre-deceased son.;