Ranjit Singh Sarkaria, J. - (1.) ON death of her husband, the Petitioner through the present writ petition not only seeks ex -gratia financial assistance but has also prayed for grant of pensioner benefits by counting the full service rendered by her late husband.
(2.) THE husband of the Petitioner was appointed as part -time Sweeper in Government Primary School, Pohkarwas, District Bhiwani on 2.11.1986. He died in harness on 10.6.2005. Thus, he had served for 19 years, 6 months and 8 days, but has not been granted any pensioner benefits. The Petitioner would also complain that she would be entitled to compassionate assistance of Rs. 5.00 lacs under Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2005 (for short "2005 Rules"). The Petitioner had accordingly represented, but her claim was declined through an order dated 30.3.2007. The Petitioner has, thus, filed the present writ petition to challenge the said order. The Respondents, however, would contest the right of the Petitioner to claim pensioner benefits as well as the ex -gratia compassionate assistance. It is not in dispute that late husband of the Petitioner was appointed as a part -time Sweeper on 2.11.1986. It is stated that in compliance of the regularization policy, the name of the husband of the Petitioner was sponsored by the Principal for regularization of his services and accordingly his services were regularized on 2.5.2005. Soon thereafter, he expired on 10.6.2005. Obviously, the Respondents would plead that husband of the Petitioner hardly had any regular service and so the Petitioner would not be entitled to any benefit.
(3.) REFERENCE is made to Rule 3(d) of the Haryana Compassionate Assistance to the Dependents of the Deceased government Employees Rules framed in 2003 (for short, "2003 Rules"), where the word "Deceased Govt. Employee" is defined. As per this rule, deceased government employee means who is appointed on a regular basis and not working on daily wages, casual, apprentice, work charge, ad hoc, contractual or re -employed and who has served the Government for at least three years and had not crossed the age of 55 years. As per the Respondents, late husband of the Petitioner did not have three years regular service and so he would not be entitled to ex -gratia compassionate assistance. Accordingly, the Respondents would pray that the Petitioner is not entitled to any benefits.;