2010 INSC 0324
                   SUPREME COURT OF INDIA

                   State of Haryana

                   Vs.

                   Kamlesh

                   C.A.No.2948 of 2010

                   (Dalveer Bhandari and K.S. Radhakrishnan JJ.)

                   01.04.2010

                   ORDER

Delay condoned.

1. Leave granted.

2. 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.

3. 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."

4. Some of the respondents in these appeals submit that they have already exercised this
option.

5. 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.

6. The appeals are, accordingly, disposed of.                       SpotLaw
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7. The parties to bear their own costs.

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