Sandhya v. State Of Haryana And Others
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CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
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TRIBHUVAN DAHIYA
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Learned counsel contends that the petitioner's husband, who was working as Pump Operator in the University, died in harness on
26.11.2018. At the time of notification of the aforementioned Rules on 02.08.2019, her case for financial assistance was pending with the University. Accordingly, she is entitled to the benefit of compassionate appointment.
3.
Learned counsel appearing for respondents/University points out that the said Rules have no application in the peitioner's case. By the time these Rules were notified and made applicable to the University, she had already been sanctioned compassionate financial assistance under the Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2006 (for short, 'the 2006 Rules'). It has been mentioned in the impugned communication also that the competent authority approved the assistance on 29.04.2019 which was duly accepted by the petitioner on 09.05.2019. Accordingly, no benefit can be claimed by the petitioner under the 2019 Rules, that too after six years of having been sanctioned financial assistance under the 2006 Rules. 4.
Heard.
5.
Learned counsel for the petitioner is not in a position to dispute that she was sanctioned financial assistance by the University on 29.04.2019 under the 2006 Rules. Note-I under Rule 3 of 2019 Rules stipulates that family of deceased government employees who died before the date of notification of these rules but have not been sanctioned the compassionate financial assistance by the competent authority, they may exercise the option within six months from the date of notification either to avail the benefit under the 2006 Rules or the 2019 Rules. Accordingly, having been sanctioned the compassionate financial assistance under the 2006 Rules
( prior to the notification of the 2019 Rules, petitioner's claim cannot be considered under the latter Rules.
6.
In view thereof, there is no ground to entertain the petition and it stands dismissed.
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