- (1.) The legal heirs of deceased Sultan Singh, who died while in service with Haryana Roadways, have filed the present petition claiming benefits under the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 (for short, 'the Rules'). Learned counsel for the petitioners submitted that Sultan Singh was appointed as driver on 10.2.2012, in pursuance to the advertisement issued by the Haryana Staff Selection Commission. Before Sultan Singh (since deceased) joined service, he was medically examined on 15.2.2012 and was found fit for entry into Government service. Unfortunately, on 30.9.2012, Sultan Singh died during service. He left behind his widow and three minor children. In terms of the Rules, the petitioners were entitled to the benefits envisaged thereunder, however, the same were not granted despite a legal notice issued.
(2.) Learned counsel for the petitioners further submitted that even if deceased Sultan Singh had not completed one year of service, still the claim of the legal heirs for the benefits under the Rules, could not be rejected. The issue was gone into by this Court in CWP No. 8183 of 2009 Neeraj Yadav and another v. State of Haryana and others, decided on 12.10.2009, wherein it has been opined that even if the deceased Government employee does not complete one year of continuous service, his dependents are entitled to grant of family pension. He further submitted that the defence of the respondents that the deceased being a contractual employee was not entitled to the relief, is also not tenable in view of judgment of this Court in CWP No. 5593 of 2011 Kelo Devi v. State of Haryana and others, 2013 170 PunLR 36 decided on 7.2.2013, wherein while considering the case of a driver, it was opined that the manner in which the appointments were made, even if not termed to be regular, they can be treated as temporary and the family is entitled to benefits under the Rules.
(3.) Learned counsel for the petitioners further while referring to the Division Bench judgment of this Court in CWP No. 22516 of 2012 Mohinder Singh and others v. State of Haryana and others, decided on 1.4.2013, submitted that this Court had set aside the Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment), Rules, 2004, providing for contractual appointments to the drivers for the first three years, followed by regular pay scale. It was opined that the drivers so appointed shall be entitled to minimum of the pay scale from the date of their initial appointments. The submission is that in view of the aforesaid judgments, the family of the deceased employee could not be denied the benefits under the Rules.;