JUDGEMENT
GEORGE MASIH,J. -
(1.) FATHER of the petitioner, namely, late Shri Jagsir Singh, while he
was working as a JBT teacher, expired on 10.8.1992. Since the petitioner at
that time was minor and as per the policy prevalent at that time, the name of
the petitioner was kept in the waiting list for him to attain majority. A
representation was submitted on attaining his age of majority to grant him the
appointment which was not responded to. When nothing was heard, mother of
the petitioner, namely, Sukhjit Kaur, submitted a representation dated
4.12.2008 (Annexure-P-4), claiming appointment for the petitioner in the light of the then prevalent instructions under which the claim of the petitioner was
to be considered, i.e. dated 8.3.1995/13.8.1995.
(2.) IN the year 2003, Government of Haryana amended the Rules, according to which, appointments could be granted on compassionate ground
and lump-sum ex-gratia payment could also be made. Since the claim of the
petitioner was not decided and in the light of the instructions issued by the
Chief Secretary to Government of Haryana, where no decision has been taken
till date, applications were invited in pursuance thereto.
Petitioner submitted a representation to the District Education Officer, Sirsa, which was referred to the Director, Primary Education,
Haryana, vide letter dated 16.2.2009. That also did not yield any result and,
therefore, a reminder dated 21.9.2010 (Annexure-P-9) was submitted by the
petitioner to the Chief Secretary to Government of Haryana, which also fell on
deaf ears and now a latest representation dated 12.12.2011 (Annexure-P-10)
has been submitted to the Chief Secretary to Government of Haryana, again,
referring to the initial request dated 17.9.1992, reminders dated 4.12.2008,
28.7.2009 and 21.9.2010, but that also has not yet been decided.
(3.) COUNSEL for the petitioner contends that the claim of the petitioner is covered by the Full Bench judgment of this
titled as Krishna Kumari Versus State of Haryana and others, decided on
20.4.2012, according to which the claim of the petitioner has to be considered according to the instructions prevalent at the time of death of deceased
employee. He on this basis contends that petitioner, at this stage, will be
satisfied, if a direction is issued to the Chief Secretary to Government of
Haryana, to consider and decide the representations of the petitioner within
some specified time.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.