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2005 Supreme(P&H) 395

M.M.AGGARWAL, S.S.NIJJAR
Bijender Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.Nijjar, J.

1. The wife of the petitioner was appointed as Multi-purpose Health Worker (Female) In the Post-Graduate Institute of Medical Science, Rohtak (hereinafter referred to as "the PGI, Rohtak") in the year 1992. On 2.7.2003, she was retired from service on medical grounds as she had become 100% disabled. On 3.7.2003, she moved an application to the PGI, Rohtak for grant of ex-gratia appointment to her husband on compassionate grounds. On 30.12.2003, the petitioner was appointed on the post of Bearer. He joined on the aforesaid post on 2.1.2004. 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"). These rules were notified on 28.2.2003 in the Government Gazette dated 4.3.2003. 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. Learned counsel for the petitioner submits that t


















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