Kamla Devi vs State of Haryana and Others

Ajay Tewari, J.—This petition has been filed for issuance of directions to the respondents to release financial assistance to the petitioner by

considering her husband as regularized w.e.f. 01.10.2003 under the regularization policy dated 01.10.2003. The husband of the petitioner was

appointed as Beldar in the year 1998. His services having been terminated he moved the Labour Court which by award dated 29.08.2002 set

aside the order of termination of his services and ordered reinstatement with continuity of service. The husband of the petitioner thereafter

repeatedly approached the respondents and was allowed to join only w.e.f. 25.04.2003. During his service he died on 11.12.2007. The claim in

the present petition is for deemed regularization of his services and consequent relief of grant of financial assistance to the present petitioner.

In reply, the only stand taken by the respondents is that the husband of the petitioner had not completed 3 years continuous service on

01.10.2003. In the written statement, the averment that the husband of the petitioner had repeatedly approached the respondents but was

permitted to join only after they had obtained requisite permission has not been denied.

Consequently, the non-joining of the husband of the petitioner after the award till 25.04.2003 can not be blamed on him. The respondents were

legally bound to reinstate him immediately after the notification of the award and grant him continuity of service. Further even in the policy of

regularization Clause (3) specifies that if there is any break in the services of an employee which has been caused for no fault attributable to him,

such break period should normally be condoned. In my considered opinion, the husband of the petitioner was entitled to have been considered for

regularization under the policy and was also entitled to relaxation under Clause (3) (supra). It is not disputed that persons who are otherwise junior

to the husband of the petitioner were regularized. In these circumstances, the plea taken by the respondents can not hold water and the petitioner is

entitled for declaration that, in his turn her husband was deemed to be regularized and consequently the petitioner would now be entitled to such

benefits as are applicable to the spouse and family of the deceased government servant under the Financial Assistant Rules, 2006.

Petition is allowed in the above terms. Let the necessary exercise be conducted and the due payment be disbursed to the petitioner within a

period of three months from the date of receipt of a certified copy of this order, failing which, the petitioner would be entitled to claim the same

with interest @ 8% p.a. from the date/s it fell due till payment. Since the main case has been decided, the pending civil miscellaneous application, if

any, also stands disposed of.