Punjab-Haryana High Court
Yaman Yadav vs State Of Haryana And Others on 18 November, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:149744-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.120 LPA-1545-2024 (O&M)
Date of decision : 18.11.2024
Yaman Yadav ..... Appellant
Versus
State of Haryana and others ..... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK GUPTA
Present : Mr.S.K.Goyat, Advocate, for the appellant.
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DEEPAK SIBAL, J. (Oral)
1. The present intra court appeal is directed against the judgment dated
16.05.2024 passed by a learned Single Judge of this Court dismissing the
appellant's writ petition through which he had challenged the order dated
12.08.2016 passed by the State of Haryana rejecting his claim for appointment on
compassionate basis.
2. A few relevant facts may be noticed.
3. The appellant's father-Prem Kumar was serving the Haryana Police as
a Constable. Unfortunately, Prem Kumar and his wife both expired on the same
day i.e. 01.07.2005 rendering the appellant an orphan. In the year 2006 the
appellant's grandfather, with whom the appellant was residing, made an application
seeking financial assistance in terms of the Haryana Compassionate Assistance to
the Dependents of the Deceased Government Employees Rules, 2003 (for short,
2003 Rules). In the meanwhile, the appellant's grandfather also applied to the
competent civil court at Karnal to appoint him as the appellant's legal guardian
which application of his was allowed on 17.12.2007 by the Civil Judge (Senior
Division) Karnal. It is only thereafter that the State, in terms of the 2003 Rules,
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released ex-gratia financial assistance to the appellant's legal guardian i.e. his
grandfather. The appellant was then raised by his grandfather and on 28.12.2015
he attained majority. On 04.07.2016 the appellant applied to the respondents
seeking appointment on compassionate basis in terms of the 2003 Rules. Through
order dated 12.08.2016 the appellant's claim was rejected which was challenged by
him before this Court through a petition filed in July, 2022. Through the impugned
judgment a learned Single Judge of this Court dismissed the appellant's claim.
4. Learned counsel for the appellant has been heard.
5. The appellant's father served the Haryana Police as a Constable. Both
his parents died on 01.07.2005. Thereafter, on an application made by the
appellant's grandfather, through order dated 17.12.2007, passed by the Civil Judge,
(Senior Division) Karnal, the appellant's grandfather was appointed as the
appellant's legal guardian and it is only thereafter that, in terms of the 2003 Rules,
in the year 2008, the State released ex-gratia amount of Rs.2.50 lakhs to the
appellant through his grandfather/legal guardian.
6. Neither any record was placed before the learned Single Judge nor
before us which would show that the amount so received by the appellant's
grandfather was not used for the appellant's upbringing. Once the ex-gratia
financial assistance, in terms of the applicable policy, has been accepted on behalf
of the appellant through his legally appointed guardian (his grandfather), no claim
for appointing the appellant on compassionate basis, on his attaining majority,
could be entertained as it is the admitted position that under the applicable policy
either appointment on compassionate basis or ex-gratia financial assistance could
be claimed on the death of a government employee in harness.
7. In the light of the above discussion and because the appellant
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approached this Court after an unexplained delay of about six years which is fatal
qua a claim for being appointed on compassionate basis, we do not find any reason
to interfere with the impugned judgment.
8. Dismissed.
9. Pending miscellaneous application(s), if any, also stand disposed of.
[DEEPAK SIBAL]
JUDGE
18.11.2024 [DEEPAK GUPTA]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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