- (1.) The short issue involved in the instant petition filed under Article 226 of the Constitution is whether petitioner No. 2 is entitled for compassionate appointment or not.
(2.) The facts are not in dispute. On 12.12.1985, Shri Lakhmi Chand, husband of petitioner No. 1 and father of petitioner No. 2, joined the service as a Class IV employee in the office of Chief Election Officer, Haryana-respondent No. 2. On 18.8.2003 he died in harness. After the death of her husband, petitioner No. 1 approached respondent No. 2 for appointment of petitioner No. 2 as a Sweeper on compassionate ground. She was told that petitioner No. 2 could not be appointed because at that point of time he did not possess the minimum qualification of 8th Class Examination. On 1.9.2003 (P-2), petitioner No. 1 submitted an application seeking appointment of petitioner No. 2 as a Sweeper on contract basis till the time he pass the 8th Class examination. On 19.2.2004 (P-3), another application was submitted by petitioner No. 1 for relaxation of the condition of educational qualification and to appoint petitioner No. 2 on compassionate basis. The matter was referred to the Government with the request to grant relaxation in the educational qualification but the same was rejected because under Rule 18 of the Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2003 (for brevity, 'the 2003 Rules') it was specifically provided that no relaxation in any provision of the rules could be granted. Accordingly, vide communication dated 8.9.2004, petitioner No. 1 was informed that her son-petitioner No. 2 is required to acquire the minimum qualification for appointment to the post of Sweeper and no relaxation could be given (P-4).
(3.) Petitioner No. 2 resumed his studies and passed 8th Class examination from Saraswati Vidya Peeth, Merrut, on 10.8.2006 (P-5). On 14.8.2006/6.9.2006, petitioner No. 1 sent an application to the respondent department informing that her son-petitioner No. 2 has passed the 8th Class examination, therefore, he may be appointed as Sweeper. However, respondent No. 2 raised doubts about the affiliation of Sarswati Vidya Peeth and asked petitioner No. 1 to submit original certificate for verification and consideration, vide letter dated 30.8.2006 (P-6). On 6.9.2006, petitioner No. 2 informed respondent No. 2 that he would submit the original certificate as and when the same is received by him (P-7). The original certificate was ultimately submitted by him on 23.4.2007 (P-8). For verification of the Middle Class Certificate, the Chief Election Officer, Haryana wrote a letter dated 18.5.2007 to the Regional Secretary, Middle Education Board, Merrut (P-10), who vide his letter dated 10.1.2008 authenticated the said certificate (P-11). On 29.1.2008 (P-12), petitioner No. 1 reiterated her request for appointment of petitioner No. 2. However, on 18.2.2008, respondent No. 2 informed petitioner No. 1 that the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 (for brevity, 'the 2006 Rules') were implemented w.e.f. 1.8.2006 and compassionate appointment were stopped. She was asked to submit the application for compassionate assistance as per 2006 Rules (P-13). On 29.2.2008, petitioner No. 1 again represented to the respondents that her case ought to have been considered under the 2003 Rules instead of the 2006 Rules (P-14).;