Dependents Of Missing Employee, Entitled To Ex-Gratia Compensation After Seven Years Of Employee's Disappearance: Punjab & Haryana HC

Background Facts

The petitioner's father was working with Municipal Committee, Ambala as an Octroi Peon. He was about to retire on 31.10.1990. But he went missing on 01.05.1990. He could not be traced till the date of his superannuation. The respondent considered him retiree with effect from 31.10.1990 and accordingly paid gratuity, leave encashment & provident fund to his widow.

The petitioner at that point of time was married, however, she lost her husband in 1994. She became dependent upon her mother who was also not having any source of income. The petitioner after declaration of her father as 'deemed dead', lodged claim with respondent for compassionate appointment. The respondent vide order dated 25.08.1998 rejected her claim on the ground that there is no provision for compassionate appointment to a widowed daughter. Therefore she cannot be treated as dependent.

Aggrieved by the same, the petitioner filed the writ petition seeking setting aside of order dated 25.08.1998 whereby respondent rejected her claim for compassionate appointment.

It was submitted by the petitioner that as per Policy of 2003, the dependents are entitled to ex-gratia compensation of Rs.2.50 lakh. It was further submitted that the petitioner was entitled to ex-gratia compensation of Rs. 15,000 as per Policy, which was prevailing on the date of death of her father. However the said amount was not paid to the petitioner or her mother.

It was further contended by the petitioner that she may not be entitled to benefit arising out of policy of 2003, however, she was entitled to benefit of policy of 1970. At this stage, she cannot claim compassionate appointment, however, deserved ex-gratia compensation.

On the other hand it was contended by the respondents that petitioner's father was paid salary and her mother was paid gratuity, leave encashment and provident fund. There was no question of compassionate appointment because as per prevailing policy, widowed daughter was not entitled for compassionate appointment. It was further contended by the respondents that the petitioner was a married daughter even at the time of death of the employee, and lodged claim in 1998.

Findings of the Court

It was observed by the court that the petitioner's father went missing in May'1990 and he was about to retire on 31.10.1990. He was honourably superannuated and paid salary for the period. His family was paid gratuity, leave encashment and provident fund. The petitioner lodged claim for compassionate appointment in 1998 which was declined by respondent on the ground that she does not fall within the expression 'dependent'.

It was further observed by the court that the Policy of 1970 was applicable at the time when employee went missing. It was observed by the court that the petitioner's family did not get ex-gratia compensation despite her father being missing while in service. It was observed by the court that the reason for not making the payment may be that the employee was not declared dead before his date of superannuation.

It was held by the court that the declaration of being dead is issued after the expiry of seven years from the date of missing. It was held by the court that the family of deceased employee was entitled to ex-gratia compensation of Rs. 15,000 which was not paid to the family.

It was directed by the court to the respondent to pay a lump sum compensation of Rs. 50,000/- which included principal amount of Rs. 15,000 and deemed interest. The court directed that the needful should be done within two months.

With the aforesaid observations, the writ petition was disposed of.

Case Name : Bhupinder Kaur vs. State of Haryana and others

Case No. : CWP No. 5072 of 1999 (O&M)

Counsel for the Petitioner : Mrigank Sharma, Advocate; Ashish Bansal, Advocate (Legal Aid Counsel)

Counsel for the Respondents : Raman Sharma, Addl. A.G., Haryana; Rahul Kesar, Advocate for Vishal Chauhan, Advocate (for the Municipal Committee)