M.M. Kumar, J. - (1.) THE instant appeal filed under Clause X of the Letters Patent is directed against judgement dated 4.4.2011 rendered by the learned Single Judge holding that once compassionate appointment has not been given then the writ petitioner -respondent was entitled to the grant of financial assistance under the ex -gratia scheme to the dependent of government employee like the writ petitioner -respondent. The dispute with regard to exercise of option to pay ex -gratia grant in terms of the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees, Rules, 2005 (for brevity 'the 2005 Rules') could not be successfully disputed by the counsel for the appellant because the option was sought from the writ petitioner -respondent claiming financial assistance through communication dated 29.12.2006 when the new rules known as Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 came into force. Therefore, financial assistance in terms of 2005 Rules opted by the writ petitioner respondent could not be questioned. The widow -writ petitioner -respondent is therefore entitled to the payment of ex -gratia grant as per the 2005 rules.
(2.) HAVING heard the learned counsel for the appellant we are of the considered view that no exception is provided to interfere in the opinion expressed by the learned Single Judge holding the writ petitioner -respondent is entitled for grant of ex -gratia financial assistance. The appeal is wholly without merit and does not warrant admission. Dismissed. In view of the dismissal of the appeal, we do not wish to pass any order on the application seeking condonation of 84 days delay in filing the appeal.;