KULDIP SINGH,J. - (1.) Mahender Singh, Forest Guard, husband of the petitioner Santosh Devi died in harness on 18.10.2005. At that time policy vide notification dated 28.2.2003 (Annexure P2) was applicable, wherein the Government had framed the rules for grant of compassionate assistance by way of ex-gratia financial assistance or ex-gratia appointment on compassionate ground to the members of the family of a deceased Government employee who died while in service. Under the said rules, if the family opted for financial assistance, the amount of financial assistance was L 2.5 lacs. Later on the Government promulgated another policy vide notification dated 18.11.2005 (Annexure P3), whereby the compassionate assistance was raised to L 5 lacs. Rule 4 is reproduced as under:- "4. Option:- (1) An eligible family member of the deceased/missing Government employee shall give in writing his/her preference of option, within 6 months from the date of the Government employee, for one of the following:- (a) 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, namely, the Government employee who dies in 'service'. or (b) ex-gratia compassionate financial assistance to the family of the deceased, over and above, all other service benefits like ex-gratia grant due to his/her family, to be paid @ L 5 (five) lacs in case of the family of the deceased not opting for ex-gratia employment (Rs.5.00 lacs if the deceased Government employee was of the age of 55 years or above, on the date of death): If the Government employee dies at the age of 55 years or thereafter, his family shall not be eligible for exgratia appointment. (2) Exercise of option shall be permitted only once and shall not be changed, once exercised."
(2.) In terms of the said policy, the petitioner exercised option on 14.2.2006 (Annexure P4) within the stipulated period of six months, whereby she opted for financial assistance in lieu of appointment as per Government ex-gratia policy. Accordingly, the Divisional Forest Officer, Bhiwani recommended the case of the petitioner for financial assistance of L 2.50 lacs, which was ultimately released to her vide order 25.4.2006 (Annexure P7).
(3.) The short plea of learned counsel for the petitioner is that the policy dated 18.11.2005 (Annexure P3) is to be applied in case of the petitioner, whereas the State has taken the stand that since date of death is 18.10.2005, therefore, the policy dated 28.2.2003 will apply.;