High Court of Punjab and HaryanaCWP/3908/2021disposed of

Jainam And ANR v. State Of Haryana And Others

2021-02-19Mr. Justice Jasgurpreet Singh Puri3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision: 19.02.2021 Jainam and another ....Petitioners

Versus

State of Haryana and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present :

Ms. Savita, Advocate, for the petitioners.

Through Video Conferencing JASGURPREET SINGH PURI , J. (Oral) The present petition has been filed under Article 226 of the Constitution of India with the prayer to direct the official respondents to grant the financial assistance and family pension in favour of the petitioners in accordance with the Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 after the demise of the son of the petitioners namely Mohd. Aamid.

The learned counsel for the petitioners has submitted that the petitioners are the aged old parents of the aforesaid deceased Mohd. Aamid, who died on 12.08.2019 and the petitioners have devoted their entire life and even got constructed the house for their son and now they are having no financial assistance from any source and they are living a life of penury and are not able to sustain themselves even barely for their livelihood. The learned counsel further submitted that the petitioners are fully covered by the

-2aforesaid notification issued by the Government of Haryana, dated 02.08.2019.

The learned counsel further submitted that the petitioners had moved a representation/application vide Annexure P-3 to the Directorate of Secondary Education, Panchkula, on 22.09.2020 but no action has been taken in this regard.

Notice of motion to respondent Nos. 1 to 5 only. On the asking of the Court, Mr. Manchanda, accepts notice on behalf of respondent Nos.1 to 5 and states that he has no objection in case the present petition can be disposed of with a direction to respondent No.2 to look into the representation (Annexure P-3) and to decide the same in accordance with law.

I have heard the learned counsel for the parties. In view of the fact that the petitioners have moved a representation (Annexure P-3) but the same has not been decided by respondent No.2, it will be just and proper to issue directions in this regard even without calling for reply from the respondents. Consequently, respondent No.2 is directed to look into the representation (Annexure P-3) filed by the petitioners and to decide the same after considering the pleas taken by the petitioners as well as the Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019, and decide the same within a period of four weeks from the date of receipt of certified copy of this order. Needless to say that in case, respondent No.2 comes to the conclusion that the petitioners are entitled to

-3the benefits then the same may be released within a period of two weeks thereafter.

The present petition is disposed of.

(JASGURPREET SINGH PURI) 19.02.2021 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No