- (1.) Taking note of the facts of this case, in the first instance, would bring into focus the controversy as well. Therefore, we proceed to state these facts which are also in narrow compass. The respondent No. 1 is the widow of Late Sh. Ram Kishan and the respondent No. 2 is his son. Sh. Ram Kishan was working with the appellant/Haryana Vidyut Prasaran Nigam Limited, who died in harness on 04.10.2005, while working on the post of Carrier Attendant. He was 50 years of age at that time. Vide order dated 03.01.2006, the appellants had granted an ex-gratia amount of Rs. 25,000/- as an immediate relief. Thereafter, however, vide letter dated 10.08.2006, the respondent No. 1 was informed that her request for appointment on compassionate basis cannot be considered as she was found ineligible being less educated and, therefore, her case had been listed with other cases to be considered for compassionate financial assistance and would be dealt in its turn.
(2.) The State of Haryana has framed Rules known as 'Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003' (hereinafter referred to as Rules, 2003) in exercise of powers conferred by the proviso to Article 309 of the Constitution of India to regulate the compassionate assistance by way of ex-gratia financial assistance or ex-gratia appointments on compassionate grounds to the members of the family of the deceased government employee who die while in service. The object of these Rules is to assist the family of the deceased employee in tiding over the emergency situations, resulting from the loss of bread-earner by giving one of the two following options:- (i) Ex-gratia appointment on compassionate grounds to a member of the family who was 'completely dependent' on the deceased employee and is in extreme financial distress due to the loss of the deceased employee who dies in 'harness'. (ii) Ex-gratia compassionate financial assistance to the family of the deceased over and above all other benefits like ex-gratia grants due to his family to be paid at the rate of Rs. 2.5 lacs, in cases where the family of the deceased does not opt for ex-gratia employment.
(3.) In 2006, the State has promulgated the 'Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006' (hereinafter referred to as Rules, 2006) which are enforced vide notification dated 01.08.2006. Rules, 2006 have also been framed in exercise of powers conferred by proviso to Article 309 of the Constitution of India with the object to assist the family of the deceased/missing government employees of Groups C and D in tiding over the emergent situation, resulting from the loss of the bread-earner while in regular service by giving financial assistance. Rules 5 and 6 of these Rules are relevant for our purposes and, therefore, they are reproduced below:- "(1) On the death of any government employee, the family of the employees would continue to receive as financial assistance a sum equal to the pay and other allowances that was last drawn by the deceased employee in the normal course without raising a specific claim:- (a) For a period of fifteen years from the date of death of the employee, if the employee at the time of his death had not attained the age of thirty five years; (b) For a period of twelve years or till the date the employee would have retired from government service on attaining the age of superannuation, whichever is less, if the employee at the time of his death had attained the age of thirty five years but had not attained the age of forty eight years; (c) For a period of seven years or till the date the employee would have retired from government service on attaining the age of superannuation, whichever is less, if the employee had attained the age of forty eight years. (2) The family shall be eligible to receive family pension as per the normal rules only after the period during which he receives the financial assistance as above is completed. (3) The family of a deceased government employee who was in occupation of a government residence would continue to retain the residence on payment of normal rent/license fee for a period of one year from the date of death of the employee. (4) Within fifteen days from the date of death of a government employee, an ex-gratia assistance of twenty five thousand rupees shall be provided to the family of the deceased employee to meet the immediate needs on the loss of the bread earner. (5) House Rent Allowance shall not be a part of allowance for the purposes of calculation of assistance. (6) All pending cases of ex-gratia assistance shall be covered under the new rules. The calculation of the period and payment shall be made to such cases from the date of notification of these rules. However, the families will have the option to opt for the lump sum ex-gratia grant provided in the Rules, 2003 or 2005, as the case may be, in lieu of the monthly financial assistance provided under the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2006.";