- (1.) Leave granted.
(2.) The appellants father expired on 10.2.2001 while in office. In terms of the Rule, as it was existing then, the appellant was entitled to be appointed on compassionate grounds. An application for such an appointment was filed within two weeks by the appellant from the date of his father s death. Not only the appellant was denied appointment in District Yamuna Nagar although his deceased father had been employed as a Kanungo in District Yamuna Nagar, when he was sought to be appointed in the District of Karnal, the same was denied to him by the District Magistrate, Karnal inter alia on the plea that there does not exist any vacancy.
(3.) The appellant filed a writ petition before the Punjab and Haryana High Court. Before the said Court, the respondents raised a contention that in the meanwhile the State of Haryana had issued a notification on 28.2.2003 known as "the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003". Rule 9 of the same reads as under : "(9)(a) Appointments under these Rules shall be made only on regular basis and that too only, if regular posts meant for that purpose are available. (b) Appointments under these rules can be made up to a maximum of 5% of sanctioned posts (falling under direct recruitment quota) in Group C & D categories to be determined by the Head of the Department on the 31st March of each year. The appointing authority may hold back upto 5% of posts in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise, so as to fill such posts by appointment on compassionate grounds. (c) A person selected for appointment on ex-gratia basis shall be adjusted in the recruitment roster against the appropriate category viz. Scheduled Caste/ Scheduled Tribe/ Backward Classes/ General depending upon the category to which he/she belongs.";