CWP NO.7276 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.7276 of 2008
Decided on : 20.02.2009
Gaurav
....Petitioner
VERSUS
State of Haryana and others
....Respondents
CORAM:- HON’BLE MR. JUSTICE AJAY TEWARI
Present:- Mr. Mahavir Sandhu, Advocate
for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana
AJAY TEWARI J.
The issue in this case is as to which rules would be applicable
in a case where dependents of deceased government employees seek
compassionate relief. Two Hon’ble Division Benches have taken a view that
the rules in operation at the time of death would be applicable (in the
judgments of this Court titled as Lalita Sharma V. State of Haryana in
CWP No.6890 of 2007 decided on 11.7.2008 and Sheela Devi V. State of
Haryana and another in CWP No.8844 of 2007 decided on 22.8.2008).
Likewise, there are two Hon’ble Division Benches who have taken the
contradictory view that the rules applicable at the date on which the case
was considered would be applicable (in the judgments of this Court Kuldip
Kumar V. Uttar Haryana Bijli Vittran Nigam and another reported as
2008(2)SCT 254 decided on 12.3.2008 and Sudha Rani V. State of
Haryana and others reported as 2008(2) SCT 547).
CWP NO.7276 of 2008 -2-
In the circumstances, let the papers of this case be laid before
Hon’ble the Chief Justice for being listed before an appropriate Bench for
conclusion of this intractable issue.
February 20, 2009 ( AJAY TEWARI ) ashish JUDGE
