M.M.KUMAR, J. - (1.) (Oral) The unfortunate petitioner had lost her father on October 21, 1988 when she was about 8 years old having been born on July 9, 1980. However, her misfortune further multiplied when she lost her mother on September 24, 1993. It is thus, evident that she was rendered orphan having lost both her parents. On July 28, 2004, she applied for compassionate appointment under the Haryana Compassionate Assistance to the Dependants of the Deceased Government Employees Rules, 2003, (for brevity, 'the Rules') as she had become eligible for appointment as Mistress on acquiring the qualification of B.A. B.Ed. She represented to the respondents when her case was not considered. The petitioner pointed out in her representation all the details of the death of her parents and the fact that she has a younger sister who is also required to be looked after.
(2.) It has been revealed that there is no source of income with them to sustain the soul and body together. It is admitted position that the father of the petitioner was a doctor and was in service in the Health Department when he died in harness on October 21, 1988. It is also conceded position that the mother of the petitioner Smt. Raj Bala was Lecturer Political Science when she died in harness on September 24, 1993. The case of the petitioner has been rejected by the respondents on January 25, 2005 (P-2), on the preposterous ground that she was required to apply for employment under Ex-gratia Scheme within three years of the death of her mother. It has been observed that the petitioner was not eligible for employment as she did not acquire the eligibility for employment within three years of the death of her mother Smt. Raj Bala. The operative part of the order passed by Director, Secondary Education, Haryana (respondent No.2) reads as under:- "Smt. Raj Bala, Lect. Pol. Sc. G.G.S.S.S. Madina (Rohtak) died while in service on 24.9.1993. Her daughter Bandana Sharma herself applied for employment on 28.7.2004 under Ex-gratia scheme for the post of S.S. Mistress. In accordance with Haryana Govt. instruction No.16/138/2001-5 GS dated 31.3.2003, the eligible dependent of the deceased employee is required to apply for employment under Ex-gratia scheme within three years of the death of the employee. The employment case of Kumari Bandana Sharma has been considered in terms of above stated policy and found that the applicant is not eligible for employment as she did not become eligible for employment within three years of death of her mother Smt. Raj Bala. Thus the claim of the applicant is hereby rejected."
(3.) Notice of motion having been issued, the respondents have filed the reply by taking the archaic stand that if the petitioner has been able to wait for such a long time then the crisis caused by the death of the parents has been blown off, as she has been able to sustain herself for such a long period. It has been pointed out that the purpose of providing compassionate appointment is to mitigate hardship caused due to the death of the bread earner of the family and such an appointment is required to be provided to the family in distress. The crisis for which the compassionate appointment was required to be made has already come to an end according to the reply and the petitioner has no vested right to seek such an appointment.;