IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2948 OF 2010 (Arising out of S.L.P. (C) No.4039 of 2007)

State of Haryana and Anr.              ...Appellant(s)

Versus

Kamlesh              ...Respondent(s)

With C.A. No.2949 of 2010 @  S.L.P. (C) No.5083 of 2007, C.A.  No.2950 of 2010 @  S.L.P. (C) No.5608 of 2008, C.A. No.2951  of 2010 @  S.L.P. (C) No.8085 of 2008, C.A. No.2952 of 2010 @  S.L.P. (C) No.16367 of 2008, C.A. No.2953 of 2010 @  S.L.P.  (C) No.26363 of 2008 and C.A. No.2954 of 2010 @  S.L.P. (C)  No.30605 of 2008

O  R  D  E  R

Delay condoned.

Leave granted.

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.   

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.”

....2/-

- 2 -

Some of the respondents in these appeals submit that  

they have already exercised this option.   

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.

The appeals are, accordingly, disposed of.

The parties to bear their own costs.

......................J.               [DALVEER BHANDARI]

......................J.               [K.S. RADHAKRISHNAN]

New Delhi, April 01, 2010.