HC raps Haryana for filing 'misconceived' review plea

Saurabh Malik

Chandigarh, November 10

The Punjab and Haryana High Court has virtually rapped Haryana for filing a “misconceived” review application in a case involving financial assistance to the kin of a deceased employee.

Dismissing the plea, the Bench slapped Rs 20, 000 costs on the state after observing that it amounted to harassing the legal heir of an employee who had diligently served the state. The amount was directed to be paid to the late employee’s wife.

The wife had initially moved the court for directing the respondents to release the monthly salary of her late husband in accordance with the Haryana Compassionate Assistance Rules, 2006.

The Bench was told that her husband, working as a constable, died in harness on December 25, 2003. She applied for job for her son under Haryana Compassionate Rules, 2006. But she was, vide letter dated August 23, 2006, informed about absence of vacancy and was given the option of getting monthly salary of her deceased husband.

The matter was eventually disposed of vide order dated July 22, 2020, whereby the present appeal was disposed of as the issue had already been decided on February 13, 2020, by the apex court in another matter “Haryana Vidyut Prasaran Nigam Limited and others vs Kelo Devi and another”.

It specifically mentioned the benefit had to be granted as per the subsequent rules, where the cases were still pending. The Bench hearing the appeal made it clear that the same would be applicable to the present matter.

But the state filed the review application on the ground that liberty was granted to seek revival of the matter in case any ambiguity remained.

It was argued in the review application that Rs 2.5 lakh had been granted as per the Haryana Compassionate Financial Assistance to the Dependents of Deceased Government Employees Rules, 2003. As such, she was not liable to be considered under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006.

Taking up the review plea, the Bench of Justice GS Sandhawalia and Justice Karamjit Singh asserted it had gone through the reply filed by the state before the Single Judge. A plea was taken that Rs 2.5 lakh was granted, but there was nothing to show that the amount was ever disbursed. The Bench added that the wife of the deceased employee had rather approached the court as financial assistance was stopped by the state.

Dismissing the plea, the Bench added the state had chosen to unnecessarily file the review application in spite of the fact that the wife’s case was covered by the judgment passed in Kelo Devi’s matter.