SMT. SANTOSH KUMARI Vs. STATE OF HARYANA & OTHERS
LAWS(P&H)-2016-8-97
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 05,2016

Smt. Santosh Kumari Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

Tejinder Singh Dhindsa, J. - (1.) Ramesh Kumar was serving as a Hindi Teacher under the Haryana State Education Department on regular basis and died in harness on 01.10.2004. He left behind his wife and two minor children.
(2.) The instant petition has been filed by the widow, namely, Smt. Santosh Kumari assailing the order dated 07.12.2010 passed by the Director, Secondary Education, Haryana at Annexure P-3 in terms of which her claim for Ex-gratia Financial Assistance has been declined.
(3.) Husband of the petitioner i.e. Late Ramesh Kumar was appointed as Hindi Teacher on 04.01.1997 on ad hoc basis. His services were regularised vide order dated 31.12.2003 but w.e.f. 30.09.2003. He died while in service on 01.10.2004. Present petitioner approached the respondent/authorities for grant of benefit of Ex-gratia Financial Assistance/Compassionate Appointment as may be admissible. Memo dated 21.03.2007 was issued from the office of the Director, School Education, Haryana and addressed to the District Education Officer, Jhajjar stating therein that the case of the dependent of the deceased employee i.e. Ramesh Kumar be sent for Ex-gratia Financial Assistance as under the instructions issued by the State Government dated 01.08.2006, compassionate appointment cannot be granted. It was also recited in such memo that the instructions dated 01.08.2006 are applicable on the pending cases. Finally, the impugned order dated 07.12.2010 at Annexure P-3 has been issued declining claim of Ex-gratia Financial Assistance. Under such circumstances, the widow has been constrained to approach this Court.;


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