State of
Haryana & ANR. Vs. Kamlesh [2010] INSC 248 (1 April 2010)
Judgment
CIVIL
APPELLATE JURISDICTION CIVIL APPEAL NO.2948 OF 2010 (Arising out of S.L.P. (C)
No.4039 of 2007) State of Haryana and Anr. ...Appellant(s) Versus Kamlesh
...Respondent(s) With C.A. No.2949 of 2010 @ S.L.P. (C) No.5083 of 2007, C.A.
No.2950
of 2010 @ S.L.P. (C) No.5608 of 2008, C.A. No.2951 of 2010 @ S.L.P. (C) No.8085
of 2008, C.A. No.2952 of 2010 @ S.L.P. (C) No.16367 of 2008, C.A. No.2953 of
2010 @ S.L.P.
(C)
No.26363 of 2008 and C.A. No.2954 of 2010 @ S.L.P. (C) No.30605 of 2008
O R D E R
Delay condoned.
Leave
granted.
Learned
counsel for the appellants submit that the impugned order of the High Court is
untenable because according to Rule 3(d) it is mentioned that an employee who
has served the Government for three years would be entitled to be regularized.
Three years service means the regular service which is disputed by learned
counsel appearing for the respondents.
Learned
counsel for the appellants has brought to our notice the Haryana Government
General Administration Department Notification dated 10th February, 2004. Rule
6 reads as under:
"(1)
In case the dependent of the deceased Government employee is not eligible for
appointment on any ground mentioned in clauses (c) and (g) of this rule and
rule 16(a), the family member shall be given ex-gratia assistance of Rupees 2.5
lacs."
Some of
the respondents in these appeals submit that they have already exercised this
option.
Learned
counsel for the appellants submit that all those respondents who are willing to
give undertaking to the Department under this Rule would also get ex-gratia
assistance of Rupees 2.5 lacs. We direct the concerned Department of the State
of Haryana to make the grant of ex- gratia payment of Rupees 2.5 lacs within
six weeks from the date of giving of the undertaking to the concerned
Department.
The
appeals are, accordingly, disposed of.
The
parties to bear their own costs.
......................J. [DALVEER BHANDARI]
......................J. [K.S. RADHAKRISHNAN]
New Delhi,
April 01, 2010.
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