Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the communication dated 1.3.2007, Annexure P -6, whereby claim of the petitioners for grant of compassionate appointment on account of death of Shri Ishwar Chand Sharma, was declined.
(2.) ISHWAR Chand Sharma was employed in Kurukshetra University, Kurukshetra (hereinafter referred to as the 'University') as Ground Man. He was promoted as Clerk on 12.1.1994. He died on 26.1.2006 leaving behind his wife, petitioner No. 1, five daughters and one son. One daughter and the son are unmarried. Petitioner No. 1, wife of Ishwar Chand Sharma, submitted an application on 2.2.2005 for appointment of petitioner No. 2, her son, on compassionate ground. On 16.11.2005, a communication was addressed to petitioner No. 2 that since he has not attained the age of 18 years for first entry in the service, therefore, his claim for compassionate appointment can't be considered and that his request may be considered on his attaining the age of 18 years within three years of the date of the death of Ishwar Chand Sharma. Petitioner No. 2 was to complete the age of 18 years on 11.2.2007. The claim for appointment of petitioner No. 2 on compassionate ground was declined vide communication dated 1.3.2007, Annexure P -6, on the ground that under the revised Haryana Compassionate Assistance to the Dependants of the Deceased Government Employees Rules, 2006 (hereinafter referred to as the '2006 Rules'), only financial assistance is permissible. It is the said communication which is subject matter of challenge in the present writ petition.
(3.) IN reply, it has been pointed out that in terms of the Rules framed by the State Government, as has been adopted by the University from time to time, the petitioner No. 2 was not in the prescribed age limit of 18 -50 years in terms of Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003 (hereinafter referred to as the '2003 Rules'). But in the meantime, the ex gratia Rules were revised which were adopted by the University on 31.8.2006. As per the revised Rules, all the pending cases are to be governed by the 2006 Rules alone, therefore, the action of the respondent -University is in tune with the Rules.;