Citation : 2023 Latest Caselaw 19778 P&H
Judgement Date : 15 November, 2023
Neutral Citation No:=2023:PHHC:144852
2023:PHHC:144852
124 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA-2125-2019 (O&M)
Date of decision: 15.11.2023
General Manager (Administration), DHBVN, Hisar and others
....Appellants
Versus
Babita Devi
..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. Pritam Singh Saini, Addl. AG, Haryana for the appellants
ANIL KSHETARPAL, J (Oral)
CM-5757-C-2019
1. For the reasons stated in the application, delay of 78
days in refiling the appeal is condoned.
2. CM stands allowed.
CM-5758-C-2019
3. For the reasons stated in the application, delay of 47
days in filing the appeal is condoned.
4. CM stands allowed.
Main case
5. In this Regular Second Appeal, the correctness of the
facts arrived at by the courts below is questioned by the defendants.
The plaintiff is a widow of the former employee of the appellant.
Her husband died on 05.06.2005. The Haryana Government
notified the Haryana Compassionate Assistance to the Dependents
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Neutral Citation No:=2023:PHHC:144852
RSA-2125-2019 (O&M) 2 2023:PHHC:144852
of Deceased Government Employees Rules, 2006 (hereinafter
referred to as '2006 Rules').
6. The respondent submitted the application for grant of
the financial assistance in accordance with 2006 Rules. She was
granted the benefit vide letter dated 12.03.2007. However, the
benefit was withdrawn vide letter dated 27.11.2007. On 08.06.2007
the State issued clarification that the 2006 Rules shall be applicable
only to the employees who died in harness after 01.08.2006. The
correctness of such clarification was quashed by the High Court in
Darshna Devi vs. State of Haryana' CWP-19322-2010 decided on
14.05.2012.
7. Learned counsel representing the appellant admits that
the respondent is being paid in accordance with the 2006 Rules.
8. In view of the aforesaid facts, the learned counsel
representing the appellant failed to draw the attention of the Court to
any substantive error in the judgments passed by the courts below.
Hence, no ground to interfere is made out.
9. Dismissed.
10. All the pending miscellaneous applications, if any, are
also disposed of.
15.11.2023 (ANIL KSHETARPAL) rekha JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:144852
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