State Of Haryana And Others vs Sheela Devi
2023 Latest Caselaw 19981 P&H

                                                   Neutral Citation No:=2023:PHHC:146226-DB



                                                             2023:PHHC:146226-DB

LPA-683-2023 ( O&M )                                                   -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
                                     LPA-683-2023 ( O&M )
                                Date of decision : 17.11.2023

State of Haryana and others                                    .......Appellants
                                    Versus
Sheela Devi                                                    ....Respondent

CORAM:        HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE
              HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:      Mr. Deepak Balyan, Addl. Advocate General, Haryana.
              Mr. R.K. Doon, Advocate, for the caveator - respondent.
                         ****

RITU BAHRI, ACTING CHIEF JUSTICE ( Oral )

CM-1782-LPA-2023

For the reasons mentioned in the application, duly supported

by an affidavit, delay of 154 days in filing the appeal is condoned.

Application is, accordingly, allowed.

LPA-683-2023 ( O&M )

The State of Haryana and others have filed this appeal

against the order and judgment dated 16.11.2022 passed by the learned

Single Bench, whereby the petition (CWP-23820-2011) filed by the

respondent was allowed; and the order dated 18.11.2008 (Annexure P-7)

passed by appellant No.2 (respondent No.2 in the petition) vide which the

earlier order dated 23/29.12.2006 (Annexure P-3) granting monthly

financial assistance to the respondent (petitioner in the petition) in

accordance with the Haryana Compassionate Assistance to the

Dependents of deceased Govt. Employees Rules, 2006 (for short, "2006

Rules"), was withdrawn, has been quashed.

2. After going through the impugned order and judgment, it

transpires that vide order dated 23/29.12.2006 (Annexure P-3), the

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respondent was rightly granted the benefit under the 2006 Rules. Learned

Single Judge has referred to Clause 6 of the 2006 Rules, whereby it has

been clarified that all pending cases of ex-gratia assistance are to be

covered under these Rules. In the case of the respondent herein, her

husband died in harness on 28.07.2005 and benefit of monthly financial

assistance was granted to her vide order dated 23/29.12.2006 (Annexure

P-3). Since this benefit was given to the respondent after coming into

force of the 2006 Rules, the writ petition filed by her has been rightly

allowed, while quashing the order dated 18.11.2008 (Annexure P-7)

withdrawing the said benefit.

3. In view of the above, no interference with the impugned

order and judgment passed by the learned Single Bench is called for.

4. Appeal is, accordingly, dismissed.

5. The impugned order and judgment dated 16.11.2022 passed

by the learned Single Bench be complied with within a period of two

weeks.

6. Since the main appeal itself has been dismissed, no orders

are required to be passed on the pending applications.

( RITU BAHRI ) ACTING CHIEF JUSTICE

( AMAN CHAUDHARY ) JUDGE November 17, 2023 ndj

Whether speaking/reasoned Yes/No Whether reportable Yes/No

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