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High Court of Punjab and HaryanaCWP/6928/2020dismissed

Rajiv Kumar Sharma v. State Of Haryana And ORS

2024-02-26Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6928-2020 (O&M) Decided on :26.02.2024 RAJIV KUMAR SHARMA . .PETITIONER

Versus

STATE OF HARYANA AND OTHERS . . . RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Ms. Harpreet Kaur Arora, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana.

Mr. Rakesh Nagpal, Advocate for respondent No. 5. **** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, the grievance of the petitioner is that the father of the petitioner who was working on the post of Tube-Well Operator in the Public Health Department had died while in service, hence, the petitioner be given the compassionate financial assistance as admissible to the family of the deceased under the instructions issued by the Government of Haryana.

2.

In the reply, the respondents have stated that either the compassionate appointment or the compassionate financial assistance can be claimed by the family of the deceased and in the present case, the son of the deceased employee, namely Sandeep who is the brother of the petitioner has already been appointed on compassionate ground against the post on which the father the petitioner was posted. As the compassionate appointment has already been claimed, no financial assistance can be allowed to the petitioner as both the benefits are not admissible to the deceased family.

3.

I have heard learned counsel for the parties and have gone RIYA 2024.03.04 16:26 I attest to the accuracy and integrity of this document

CWP-6928-2020 (O&M) -22024:PHHC:026425 through the record with their able assistance. It may be noticed that learned counsel for the petitioner has not been able to show that upon the death of the father of the petitioner, compassionate appointment as well as compassionate financial assistance was available to the family of the deceased. Once, the factum that the brother of the petitioner has already been granted the compassionate appointment against the post on which the father of the petitioner was working, hence, there are no other benefits which can be extended to the family of the deceased especially financial assistance as being claimed by the petitioner through the present petition. 5.

Keeping in view the facts and circumstances of the present case recorded herein above, no ground is made out for the grant of any relief to the petitioner as being claimed by him through present petition, hence, the present petition stands dismissed.

6..

Pending civil miscellaneous application, if any, stands disposed of.

26.02.2024 Riya Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No (HARSIMRAN SINGH SETHI) JUDGE RIYA 2024.03.04 16:26 I attest to the accuracy and integrity of this document