HEMANT GUPTA,J. - (1.) THIS order shall dispose of CWP No.6370 of 2006 filed by Harmeet Singh challenging the order dated 2.3.2006 (Annexure P -16) of recall of his order of appointment as dependant son of Smt. Harcharan Kaur, who was prematurely retired on account of her medical condition w.e.f. 31.05.2004 vide order dated 20.12.2004 (Annexure P -2). The other writ petition (CWP No.11177 of 2013) has been filed by the mother of the petitioner in the first writ petition seeking reinstatement in service of the petitioner, her son, or in the alternate her own reinstatement as she has not been permitted to join even though she has submitted joining report personally on 07.09.2006 and later under registered letter on 08.09.2006 consequent to the order dated 2.3.2006 (Annexure P -15). For facility of reference, the facts are taken from CWP No.6370 of 2006.
(2.) THE petitioner was offered appointment on compassionate grounds on account of medical unfitness of his mother on 20.06.2005. As a consequence to the offer of appointment, the petitioner joined services. On 02.03.2006 the order of premature retirement of the mother of the petitioner and also the offer of appointment to the petitioner was recalled vide separate orders (Annexures P -15 & P -16). Learned counsel for the petitioner has vehemently argued that the claim of the petitioner for appointment has been rejected relying upon the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003 (for short 'the Rules') wherein such rules are applicable only in respect of deceased Government employees and not in respect of employees who are retired on medical grounds. The petitioner has been appointed in pursuance of the policy circulated on 31.08.1995 (Annexure P -22) permitting appointment on compassionate grounds to a dependent of Government servant who is declared mentally unfit/blind or incapacitated by the Special Board and retired on or before attaining the age of 55 years. Clause 5 from the circular dated 31.08.1995 reads as under: - "5. That facility of compassionate employment to a dependent of a Govt. servant shall be available, if the latter is declared medically unfit/blind/ incapacitated by the Special Board and retired on or before attaining the age of 55 yrs in the case of class I, II, II Officers/ officials and 57 years in the case of Class IV employees. A Govt. employee who is declared incapacitated/blind after 55 years of age in the case of Group ABC and after 57 yrs in the case of Group D employees, will not be entitled to this facility. Subject to this, terms and conditions and procedure applicable in the case of compassionate employment to a dependent of deceased employee would be applicable in these cases as well."
(3.) THE petitioner relies upon an order passed by the Division Bench of this Court in CWP No.15550 of 2004 titled as "Shankar Lal Sharma Vs. State of Haryana and others" decided on 23.09.2005, wherein the order of termination relying upon the Rules was set aside. On the other hand Mr. Garg has vehemently argued that the instructions contemplating appointment on compassionate grounds to the Government employees who are declared medically unfit stands repealed in terms of Clause 19 of the Rules. Clause 19 repeals all the instructions issued from time to time regarding providing of financial assistance and appointments made under ex -gratia scheme.;