Hemant Gupta, J. - (1.) THE petitioner, wife of the deceased Danu Ram, has invoked the extra -ordinary writ jurisdiction of this Court seeking to quash the communication dated 7.6.2006, Annexure P -3, whereby the claim of the petitioner for appointment of compassionate appointment was declined.
(2.) DANU Ram, husband of the petitioner who was employed as Chowkidar with the Dakshin Haryana Bijli Vitran Nigam Limited (hereinafter referred to as the 'Nigam'), died on 11.11.2004. At the time of death of the husband of the petitioner, the Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2002, (hereinafter referred to as the "2003 Rules") were in force. The petitioner applied for appointment on compassionate ground, which was declined on the ground that her son Amarjeet Singh is in Government service and getting Rs. 16,200/ - per month salary and thus, the income of the family of the deceased is more than Rs. 6,000/ - per month. Therefore, the petitioner is not eligible for compassionate assistance. Learned Counsel for the petitioner has vehemently argued that the son of the petitioner, who is employed in Government service, is married and living separately from the petitioner and, therefore, he is not a member of the family which disentitles the petitioner from seeking financial assistance. It is argued that though the word 'family' is not defined in the Rules, but the 'indigent family' defined under the 2003 Rules will not include the income of the son of the deceased who is independent and living separately.
(3.) IT is no doubt true that the 'family' has not been defined under the Rules. But we are unable to comprehend the argument raised by learned Counsel for the petitioner that the son of the petitioner who is drawing more than Rs. 16,000/ - salary is not member of the family of the deceased which may entitle the petitioner to seek financial assistance in terms of the 2003 Rules. The relevant clauses of the 2003 Rules read as under: 3. Definitions: In these rules, unless the context otherwise requires: (a) x x x x (b) "Compassionate financial assistance" means the financial assistance to the tune of 2.5 lacs, provided, as ex -gratia assistance over and above all other benefits to the completely dependent members of the indigent family of the deceased; (c)to(g) x x x x (h) "Indigent family" where the family of the deceased/missing Government employee is completely dependent upon him/her and deserve immediate assistance for relief from destitution and whose income does not exceed Rs. 6,000/ - per month including the family pension. x x x x;