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PETITIONER: STATE OF HARAYANA & ANR.

       Vs.

RESPONDENT: DHAN SINGH

DATE OF JUDGMENT04/12/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. PARIPOORNAN, K.S.(J)

CITATION:  1996 SCC  (7) 262        1996 SCALE  (1)605

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have  heard  learned  counsel  on  both  sides.  The question is whether the brother of the deceased employee who died in  harness is eligible for employment on compassionate grounds. The High Court of Punjab and Haryana by order dated December 30,  1993 in C.W.P. No.8419/93 directed appointment of the  brother of the deceased employee. Feeling aggrieved, the State has  come up in appeal.      The only question is whether the brother is a dependent of the deceased employee who died in harness. By proceedings dated October  31, 1985,  the Government had stated that the underlying idea  to introduce  the scheme  was to  help  the bereaved family of a deceased employee immediately by way of providing  employment  to  one  dependent  of  the  deceased Government employee  in addition  to ex-gratia  payment etc. The Government  in an earlier Circular dated 9th March, 1979 had stated  that the  Government took  the decision that the family members of the employee, who died while in service or retired due  to disability,  would be  given the facility of employment. Accordingly  directions  were  given.  The  word ’family’ has  been defined  under Rule  6.16-B  (a)  of  the Punjab Civil  Services Rules,  Vol. III  applicable  to  the Government of Haryana which reads thus:      "6.16-B. (1)  For the  purpose  of  this      rule:-      [a]"family" shall  include the following      relatives of the Officer-      (i) Wife, in case of male officer;      (ii) Husband, in case of female officer;      (iii)Sons; [including  stepchildren  and      adopted Children]      (iv) unmarried  and  widowed  daughters;      [including  step-children   and  adopted      children]      (v) brothers  below the age of 187 years

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    and  unmarried   and  widowed   sisters,      including step-brothers and sisters;      (vi) Father; [including adoptive parents      in case of      (vii) Mother; individuals whose personal      law permits adoptional      (viii) married daughters; and      (ix) Children of a pre-deceased son.      A reading  of this Rule would clearly indicate that for the purpose  of the  above rules ’family’ includes the wife, in the case of male officer,husband, in the case of a female officer, sons,  unmarried and  widowed daughters  [including step children  and adopted  children, brothers below the age of 18  years and  unmarried and  widowed sisters  [including step-brothers  and   sisters,  father,   mother   [including adoptive parents  in case  of individuals whose personal law permits adoption],  married daughters and children of a pre- deceased son.  It would  thus be  seen that in the case of a brother, he  will he  a member of the family as dependent if he is  below 18  years. If  he seeks  employment  under  the rules, he  cannot be  appointed if  he is below 18 years and has not  become major. The moment he crosses 18 years, he no longer remains  to be  the dependent member cf the family of the deceased Government employee.      Shri Prem  Malhotra, learned  counsel appearing for the respondent has stated that previously they had appointed the brother  of   the  deceased   employee  and,therefore,   the Government is  stopped by contending that the brother is not a dependent of the deceased Government employee. It might be that some  Department had wrongly given the benefit but such wrong  action   cannot  become   right,  in   the  face   of specifically unambiguous  language in  which the  rules  are couched. Under  these circumstances,  the High Court was not right in  giving direction  to appoint  the brother  of  the deceased on compassionate grounds.      The appeal  is allowed  accordingly. If  the  widow  of respondent’s brother is eligible for employment, it would be open to  her to  make an  application and  the Department is directed to consider her application according to the rules. No costs.