Augustine George Masih, J. - (1.) Petitioners have approached this Court impugning the action of the respondents in not granting them the benefit of reimbursement of tuition fee which has been deposited by petitioner No.1, who is mother of petitioner No.2, for his studies in Doon Valley Institute of Engineering & Technology, Karnal as per the policy dated 22.12.1972 (Annexure P-1) issued by the Government of Haryana.
(2.) Husband of petitioner No.1 died on 28.5.1994 while working as an Agricultural Development Officer with the Department of Agriculture, Haryana. Petitioner No.1 was appointed as a Clerk under the Ex-gratia Scheme in the office of the Director of Agriculture, Haryana-respondent No.2. As per the Haryana Government instructions dated 22.12.1972 (Annexure P-1) which deals with Ex-gratia grants and other facilities to the families of the deceased Haryana Government Employees who died while in service, reimbursement of the tuition fee in the Schools and Colleges is made. Initially vide circular dated 22.12.1970, free education upto the degree level was provided to the children of the deceased Haryana Government employees in Government Schools and Colleges only but later on this benefit was extended vide instructions dated 22.12.1972 to the children of the deceased Haryana Government employees, who are studying in the recognised private schools/colleges in Haryana, Punjab and Union Territory, Chandigarh. Under this Scheme, petitioner No.1 sought reimbursement of the fee which was deposited by her for the studies of her son i.e petitioner No.2, who got admission in Doon Valley Institute of Engineering and Technology, Karnal in Mechanical Engineering which is affiliated to the Kurukshetra University, Kurukshetra. Representation was submitted by petitioner No.1 through proper channel to the Director of Agriculture, Haryana-respondent No.2 dated 7.12.2007. The amount as claimed by her through the said representation was considered at the higher level but at no stage it was finally decided to grant the benefit to the petitioners which forced them to approach this Court by way of the present writ petition.
(3.) Upon notice issued by this Court, reply has been filed by the respondents wherein the only objection which has been raised with regard to opposing the claim of the petitioners is that the College in which petitioner No.2 is studying i.e. Doon Valley Institute of Engineering and Technology, Karnal, which although is approved by Government of Haryana but is a self financed College and, therefore, the claim as made by them is not acceptable. It has been stated that the instructions granting the reimbursement of the fee to the children of the deceased Government employees are not applicable to self-financing Colleges. It would not be out of way to mention here that no decision taken by the Government of Haryana has been placed on record which would suggest that such decision has been taken by the Government of Haryana either superseding the instructions dated 22.12.1972 or the subsequent amendments which have been made therein. Vide Annexure R-1 dated 26.5.2011, which is a communication received from the Haryana Government General Services Branch, it has been specifically stated that till date instructions dated 22.12.1972 are in effect and there is no decision with regard to the modification/amendment of the instructions which would show that the claim has been restricted to only Government Colleges or Government aided Colleges and would not be applicable to the self-financed colleges.;