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Present:- Mr.Tara Chand Dhanwal Advocate Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Present:- Mr.Tara Chand Dhanwal Advocate

Respondent

State of Haryana and Others

Excerpt:


.....george masih, j. (oral) petitioner is seeking appointment under the haryana compassionate assistance to dependents of deceased government employees rules, 2005 on the death of his father, namely, hazara singh, on 13.1.2006 along with the requisite affidavits fulfiling the requirements for appointment on compassionate ground. another application dated 3.2.2006 was also submitted by the petitioner along with the requisite documents. petitioner has even been granted the succession certificate by the civil court on 12.5.2011 (annexure p-10) and not there is no impediment which would deny him the benefit as has been claimed by him through the application. claim of the petitioner is further stated to be covered by the full bench judgment of this court passed in cwp no.4303 of 2009 titled as krishna kumari versus state of haryana and others.decided on 20.4.2012 (annexure p-15).when the respondents did not grant him the benefit, he served a legal notice dated 29.12.2011 (annexure p-13) upon respondents c.w.p.no.25697 of 2012 -2- no.2 to 4 but no response thereto has been received except that respondent no.3 has asked respondent no.4 to respond to the legal notice. counsel for the.....

Judgment:


IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH C.W.P.No.25697 of 2012 Date of Decision:- 20.12.2012 Nirmal Singh ....Petitioner(s) versus State of Haryana and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Tara Chand Dhanwal, Advocate, for the petitioner.

*** AUGUSTINE GEORGE MASIH, J.

(Oral) Petitioner is seeking appointment under the Haryana Compassionate Assistance to Dependents of deceased Government Employees Rules, 2005 on the death of his father, namely, Hazara Singh, on 13.1.2006 along with the requisite affidavits fulfiling the requirements for appointment on compassionate ground.

Another application dated 3.2.2006 was also submitted by the petitioner along with the requisite documents.

Petitioner has even been granted the succession certificate by the Civil Court on 12.5.2011 (Annexure P-10) and not there is no impediment which would deny him the benefit as has been claimed by him through the application.

Claim of the petitioner is further stated to be covered by the Full Bench judgment of this Court passed in CWP No.4303 of 2009 titled as Krishna Kumari versus State of Haryana and otheRs.decided on 20.4.2012 (Annexure P-15).When the respondents did not grant him the benefit, he served a legal notice dated 29.12.2011 (Annexure P-13) upon respondents C.W.P.No.25697 of 2012 -2- No.2 to 4 but no response thereto has been received except that respondent No.3 has asked respondent No.4 to respond to the legal notice.

Counsel for the petitioner submits that the petitioner, at this stage, would be satisfied if a direction is issued to respondent No.3-The Superintending Engineer (Provincial) PWD (B&R) Circle, Hisar and respondent No.4-The Executive Engineer, Provincial Division not II, PWD (B&R).SiRs.to consider and decide the legal notice of the petitioner within some specified time.

Without going into merits of the case or commenting thereon, the present writ petition is disposed of with directions to respondent No.3- The Superintending Engineer (Provincial) PWD (B&R) Circle, Hisar and respondent No.4-The Executive Engineer, Provincial Division not II, PWD (B&R).SiRs.to consider and decide the legal notice dated 29.12.2011 (Annexure P-13) within a period of three months from the date of receipt of certified copy of this order.

Decision so taken be conveyed to the petitioner forthwith.

December 20, 2012 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE


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