Jitendra Chauhan, J. - (1.) THIS order shall dispose of C.W.P. Nos. 19006 and 19008 of 2007 as the controversy involved in both the writ petitions is similar. However, the facts are being extracted from C.W.P. No. 19006 of 2007.
(2.) THE present case has been filed by the petitioner -Rambati widow of Shri Udai Beer, Head Constable in the Haryana Police who died while in service on 10.1.2005. The deceased left behind the petitioner -widow, one daughter and three sons. At the time of the death of the deceased two minor sons were dependent upon the deceased: It is important to record here that petitioner and her two children were completely dependent upon the deceased and as per the pleadings, petitioner is extremely poor and has no land or property or any other source of income. It is also made out from the record that the petitioner has not remarried. To support her assertion, petitioner has appended the certified copy of the Certificate issued by the Sarpanch of the village Malerna, Tehsil Ballabgarh, District Faridabad as Annexure P -1. As noted above, the petitioner being extremely poor, made an application to respondent No. 3 for giving ex -gratia appointment to one of her sons namely Davinder. At the time of making the application, the son of the petitioner namely Davinder had not attained majority as his date of birth in the 10th class certificate has been reflected as 15.12.1988. As the son of the petitioner has not attained majority, the petitioner requested the respondent to reserve one post for providing appointment to her son under Ex -gratia Scheme i.e. Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003 (for brevity '2003 Rules'), notified on 28.3.2003. As per the 2003 Rules, respondent No. 3 was under obligation to provide either the job to the dependent or Rs. 2.5 lacs to the family of the deceased/dependent.
(3.) AS per record, after receiving the application of the petitioner the name of her son was registered in the minor register maintained by the respondents at serial No. 42 by keeping one post reserved for him. It is also relevant to note that an intimation to this effect was sent by respondent No. 3 to respondent No. 2 and a copy of the same was sent to the petitioner vide endorsement No. 6417 dated 7.3.2005. It is further relevant to note that a telegram dated 11.3.2005 (P -3) was received by the petitioner from respondent No. 2 directing her to submit the complete case for Ex -gratia appointment of her son within a period of three years from the date of death of the deceased.;