Court : Punjab and Haryana
Reported in : (2006)144PLR706
..... she disclosed that her father-in-law and mother-in-law were also dependent on her deceased husband and that they have no immovable property. ..... 1 who has rejected the same by observing that her husband did not complete three years service on regular basis as contemplated by rule 3(d)(ii) of the haryana compassionate assistance to the dependents of deceased government employees rules 2003 (for short 'rules'). mr. r.k. ..... if rule 3(d)(ii) of the rules is read ejusdem generis as suggested by the learned state counsel rather than interpreting both the clauses independently of each other then the basic object of the rules of ameliorating the sufferings of dependents of deceased government employee would stand defeated. ..... according to the learned counsel if rule 3(d)(ii) is interpreted in the aforesaid manner then it would mean that only an employee with regular service of three years could be considered to have conferred any rights on his dependents to claim compassionate appointment or ex-gratia compensation.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)141PLR409
..... has been informed that as the deceased had not completed three years of regular service, the petitioner would not be eligible to be considered for appointment on compassionate grounds in terms of rule 3(d)(ii) of the haryana compassionate assistance to the dependents of the deceased government employee rules, 2003 (hereinafter referred to as 'the 2003 rules'). ..... consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependents of the deceased who may be eligible for such employment. ..... therefore, a valid classification has been made under the 2003 rules in defining 'a deceased government employee' for the purpose of eligibility of a dependent for appointment on compassionate grounds. ..... it is not a right given to a dependent of a deceased employee to occupy a post in place of the deceased employee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR559
..... the petitioner claims that he had been appointed on the basis of the haryana compassionate assistance to dependents of deceased government employees rules, 2003 (hereinafter referred to as the '2003 rules'). ..... by order dated 11.3.2005 (annexure p-8), the appointment of the petitioner has been cancelled by the respondents on the ground that under the aforesaid rules dated 4.3.2003, there is no provision to provide employment to the dependents of the employees who have retired on medical grounds.2. ..... one such exception is in favour of the dependents of an employee dying in harness and leaving his family in penury and without any means of livelihood. ..... the purpose of such appointments is not to replace the retired employee with the children/dependents of such an employee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005(107)FLR376]; (2005)143PLR516
..... there is no provision under these rules for appointment on compassionate grounds to one of the dependents of the government employee who have retired on the ground of medical unfitness. ..... the state of haryana has framed haryana compassionate assistance to the dependents of deceased government employees rules, 2003 (hereinafter refer to as 2003 rules). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR496
..... the application filed by the petitioner have been pointed out by the respondents with regard to filing of affidavit by the wife of the petitioner and other eligible dependent members of the family of the deceased to show that wife of the petitioner is not in government employment and that the other eligible dependent members of the family of the deceased are not willing to join duties, as per the provisions of sub-rule (e) of rule 8 of the 2003 ..... these rules shall give an undertaking 'in writing as in form d that he/she will maintain all the other members who were completely dependent on the deceased/missing government employee, and in case it is proved subsequently, that the family members are being neglected or, are (in ..... necessary because in the case of offering job to a married eligible defendant, as per sub-rule (e) of rule 8 of the 2003 rules, and if he later refuses or neglects to maintain other dependent members of the family of the deceased then his services can be terminated forthwith. ..... that rule 13 of the 2003 rules, in clear terms provide that in case of neglect or refusal to maintain other dependent members of the family, the services of such a person can be terminated forthwith. ..... of rule 8 that married son could be eligible only if no other member of the family is eligible for government service is mitigated by permitting in the later part of the sub-rule that such an unmarried eligible dependent is required to give an affidavit that he was not willing to join service. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005(104)FLR624]; (2005)140PLR818
..... it has been submitted by the counsel for the petitioner that rule 3(d)(iii) of the haryana compassionate assistance to the dependents of deceased government employees (amendment) rules, 2004 is arbitrary and violates article 14 of the constitution of india. ..... the purpose is not to give a job to the dependent for the job which was held by the deceased employee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR895
..... 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'). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)142PLR175
..... it is not necessary for us to look into this aspect of the matter as we are satisfied that under the relevant medical rules, the father was member of the family of his son and was wholly dependent on him and the 2nd respondent was thus fully entitled to reimbursement for the expenses incurred on the treatment of his father and other travelling expenses.11. ..... compelling economic necessity to work in an industry exposed to health hazards due to indigence to bread-winning for himself and his dependents, should not be at the cost of the health and vigour of the workman. ..... the aforesaid observations of the supreme court leave no manner of doubt that the deceased would fall within the definition of 'wholly dependent' under the 1940 rules as also under the rules of the university. ..... the petitioner's claim has also been rejected on the ground that the deceased did not fall within the definition of 'dependent' as given under rule 2(xi) of the punjab university calendar vol. ..... in the aforesaid judgment, while considering the term 'wholly dependent', the supreme court has held as under:14. ..... 4250-5hbv-80 dated 20.5.1980 has clarified that the following may be deemed to be dependent on the employees:the spouse of punjab govt. ..... iii edition 1996 at page 70 which is as under:(xi) family' means a university employees' wife or husband, as the case may be, residing with and dependent upon the employee and legitimate children and step children residing with and wholly dependent upon the employee. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1991ACJ918
..... kaur 1979 acj 170 (p&h;), that the compensation to be assessed is the pecuniary loss caused to the dependants by the death of the person concerned and for the purpose of calculating the just compensation, annual dependency of the dependants should be determined in terms of the annual loss accruing to them due to the abrupt termination of ..... taking into consideration the number of years of the dependency of the various dependants, the number of years by which the life of the deceased was cut short and the various imponderable factors, such as, early natural death of the deceased, his becoming incapable of supporting the dependants due to illness or any other natural handicap or calamity, the prospects of remarriage of the widow, the coming up of age of the dependants and their developing independent sources of income as well ..... as the pecuniary benefits which might accrue to the dependants on account of the death of the person concerned.3. ..... , annual earnings of the deceased at the time of the accident and the amount out of the same which he was spending for the maintenance of the dependants will be the determining factor. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR120
..... sole reason as projected in the written statement for not providing the relief to the petitioner is that during the interregnum period new rules known as haryana compassionate assistance to dependents of the deceased government employees rules, 2006 came into existence and the notification in this respect was issued to all concerned by respondent no. ..... the division bench formulated the questions mentioned below:(a) which of the policies is applicable to the dependents of deceased government employee, whether the policy prevalent at the time of death of deceased or the policy prevalent at the time of deciding the case for grant of ex gratia ..... (2) the competent authority for the purpose of providing ex-gratia appointment/ compassionate financial assistance to the completely dependent indigent members of the family of a missing government employee, shall be the chief secretary to government of haryana ..... at the time of the death of the deceased two minor sons were dependent upon the deceased: it is important to record here that petitioner and her two children were completely dependent upon the deceased and as per the pleadings, petitioner is extremely poor and has no land or property or any other source of ..... in some of the cases, we have noticed, as it is in the present case as well that the dependents do not own any assets and are invariably drawn from the poorest strata of the society and such class of people who come from the lower income-segment of the society deserve to be given .....
Tag this Judgment!