P&H HC | Compassionate financial assistance to dependents of deceased for a period of 15 years not violative of Article 14 of Constitution 

Punjab and Haryana High Court

Punjab and Haryana High Court: A Division Bench of A.B. Chaudhari and Harnaresh Singh Gill, JJ., addressed a petition where petitioner challenged Part 5(1) Clause (b) of a notification issued by the State of Haryana along with the order.

Petitioner contended that the impugned notification provided financial assistance equal to the pay and other allowances last drawn by the employee for 15 years. Petitioner prayed that this restriction was arbitrary, irrational and unconstitutional and thus the order related thereto should be set aside. Argument advanced by the respondent was that the issue raised in this petition was covered by a decision of this Court against the petitioner, thus this petition should be dismissed accordingly.

High Court applauded the clause in the notification for solving the problem of dependents that they should receive the full salary of the deceased employee till his superannuation or till 15 years whichever is less. Court viewed 15 years to be enough for the dependents to find a way to financially stabilize themselves. Thus, it was found that nothing was wrong with the impugned clause of notification. The case of Krishna Kumari v. State of Haryana, CWP No. 4303 of 2009 was referred to where it was observed that Compassionate Assistance to dependents is to deal with the emergent situation of the family of deceased and if the dependents approach court after a long delay then the purpose of assistance would be lost. It was thus opined by the court that the policy to provide salary for 15 years, should be upheld and was not violating Article 14 of the Constitution. Therefore, this petition was dismissed. [Shilpa v. State of Haryana, 2019 SCC OnLine P&H 152, dated 15-02-2019]

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