S.S. Nijjar, J.
1. With the consent of counsel for the parties, the writ petition is taken up for final disposal at the motion stage.
2. The petitioner has filed this petition under Articles 226/227 of the Constitution of India with a prayer for the issuance of a writ in the nature of Certiorari quashing the order dated 3.10.2003 (Annexure P-7) issued by the Uttar Haryana Bijli Vitran Nigam Limited (hereinafter referred to as respondent no. 1) whereby the claim of the petitioner for appointment on compassionate grounds has been rejected. The petitioner also prays for trie issuance of a writ in the nature of Certiorari quashing Clause (iii) of Rule 3(d) of the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2003 (hereinafter referred to as 'the 2003 Rules'). The petitioner also prays for the issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioner on compassionate grounds in place of his deceased father.
3. The father of the petitioner (hereinafter referred to as 'the deceased') joined respondent No.l as Assistant Lineman on 14.4.1973. He was regularly appointed w.e.f. 9.6.1982. While on duty, the deceased was electrocuted leading to his death on 24.8.2002.
4. On 3.9.2002, the petitioner and his mother moved an application for appointment of the petitioner on compassionate grounds. The cases of the petitioner was recommended by all the competent authorities for appointment. By order dated 3.10.2003 (Annexure P-7) the claim of the petitioner has been rejected on the ground that at the time of the death, the father of the petitioner was 55 years and 10 days of age. Therefore, the claim of the petitioner is not covered under the 2003 Rules notified on 28.2.2003 in government Gazette dated 4.3.2003. The claim of the petitioner has been rejected on the basis of Rule 3(d)(iii) of the 2003 Rules. The relevant provisions of the aforesaid Rule are as under
'3. In these rules unless the context otherwise requires:-
(d) deceased Govt. employee means a Government employee:-
(i) appointed on regular basis, and not working on daily wagers, casual apprentice, work charged, adhoc contractual or re-employment basis;
(ii) who has served the Government for at least three years;
(iii) who should not have crossed the age of 55 years.
5. Respondent no. 1 has filed a written statement. It has been reiterated that the claim of the petitioner has been rejected under Rule 3 (d) (iii) of the Rules mentioned above.
6. We have heard the learned counsel for the parties at length and perused the pape-book.
7. Mr. Bhoop Singh, learned counsel for the petitioner has submitted that the petitioner had made the application for being appointed on compassionate ground on 3.9.2002. Had the application been considered and processed promptly, the claim of the petitioner would have been covered under the instructions dated 8.5.1995 which have been adopted by the respondents in the meeting held on 19.7.1995. In these instructions the limitation of 55 years had not been imposed and the petitioner would have been en- titled to have been appointed in place of his father on compassionate ground. Learned counsel has further submitted that the claim of the petitioner has to be considered in accordance with the rules which existed at the time of the death of his father.
8. We are inclined to accept the submissions of the learned counsel. The respondents cannot be permitted to take advantage of their own wrong, the petitioner had become eligible for being appointed on compassionate ground on the death of his father on 24.8.2002. The necessary application was made on 3.9.2002 (Annexure P-l). It was duly recommended by the competent authorities also. There was no justification as to why the petitioner could not have been appointed within a short period of time. The very purpose of compassionate appointment is to render assistance to the family whose sole bread winner has died. Clause (vii) of the instructions dated 8.5.1995 (Annexure P-5) provides as under:-
'(vii) All cases of ex-gratia appointment shall be processed and decided by the Heads of Departments within three months of the receipt of the application.'
9. From the above extract of the instructions, it becomes clear that Heads of Department were required to process and decide the claims for appointment on compassionate ground within a period of three months. Had the claim of the petitioner been considered within three months of the receipt of the application, the 2003 Rules would not have been applicable. These rules were promulgated by a Circular dated 31.3.2003 and were adopted by respondent no.l in its meeting held on 26.5.2003. We are of the considered opinion that the impugned order (Annexure P-7) dated 3.10.2003 is liable to be quashed on the short ground that the claim of the petitioner had to be considered under the instructions dated 8.5.1995. During the course of hearing, it has been brought to the notice of this Court by the learned counsel for the petitioner that the claim of the petitioner cannot now be rejected even under the 2003 Rules as there has been an amendment in the Rules. He has brought to the notice of this Court the Haryana Government General Administration Department Notification No.GSR/6/Const./Art.309/2004 dated 10.2.2004 whereby certain clauses of the 2003 Rules have been amended. These Rules have come into force w.e.f. 4.3.2003. The impugned order in the present case has been issued on 3.10.2003. In the amended Rules, Clause (iii) of Rule 3(d) of the 2003 Rules has been omitted. That being so, the petitioner was, therefore, clearly entitled to be considered for appointment on compassionate ground in accordance with the 2003 Rules. In view of the amendment and deletion of Rule 3(d)(iii), it is not necessary to consider the prayer for quashing the same.
10. Consequently, we allow this writ petition. The impugned order dated 3.10.2003 (Annexure P-7) is hereby quashed and set aside. The respondents are directed to consider the claim of the petitioner for compassionate appointment in place of his father within a period of three months from today. No costs.
11. Copy of this order be given dasti.