Dismissed

Guddi Devi v. Anurag Rastogi and Ors.

Punjab & Haryana HC22 May 2009COCP/210/2009

Case brief

AI extract

What is this about?

Honble Court disposed of the petition holding it infructuous as respondents passed a speaking order and made a payment of Rs. 2,50,000 as financial assistance, though liberty was given to challenge order regarding compassionate appointment.

What did the court decide?

Rule discharged; Petition dismissed as infructuous. Liberty granted to challenge order on compassionate appointment.

Guddi Devi Vs Anurag Rastogi and Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.O.C.P. No. 210 of 2009

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Date of Decision : May 22, 2009

Guddi Devi

....Petitioner

Versus

Anurag Rastogi, Director, School Education, Haryana and others

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.....Respondents

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CORAM : HON’BLE MR. JUSTICE T.P.S. MANN

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Present : Mr. Sanjeev K. Tamak, Advocate

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Ms. Kirti Singh, Assistant Advocate General, Haryana

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T.P.S. MANN, J. (Oral)

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Vide order dated 18.1.2008, a Division Bench of the High Court while disposing of the writ petition filed by the petitioner directed the respondents to decide the legal notice dated 19.9.2007 submitted by the petitioner by passing a speaking order and doing the needful within a period of six weeks from the date of receipt of a certified copy of the order.

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According to the petitioner, the respondents did not consider her legal notice and, thus, she prayed for initiating contempt proceedings against the respondents.

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Reply has already been filed by respondent No.1. It stand mentioned therein that the case of the petitioner was examined and was approved on 16.9.2008 for granting her financial assistance of

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C.O.C.P. No. 210 of 2009 -2-

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Rs.2,50,000/- as admissible under the Government instructions/rules applicable at the time of death of husband of the petitioner. The husband of the petitioner died on 3.7.2005 whereas the amount of financial assistance was enhanced to Rs. 5,00,000/- vide notification dated 18.11.2005. As such she was not entitled for financial assistance of Rs.5,00,000/- as claimed by her in the legal notice. It is also stated that the amount of Rs.2,50,000/- by way of a bank draft dated 20.2.2009 was sent to the Principal, Government Senior Secondary School, Ajrana Kalan, Kurukshetra for delivery of the same to the petitioner. The draft was received by the Principal of the aforementioned school on 17.3.2009. As such monetary benefit has been given to the petitioner. Speaking order was finally passed on 9.4.2009, copy of which stands attached with the reply as Annexure R.1.

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In view of the fact that the respondents have passed an order dated 9.4.2009 on the legal notice submitted by the petitioner and also the fact that an amount of Rs.2,50,000/- stands paid to the petitioner by way of financial assistance, the present petition has been rendered infructuous and accordingly, disposed of. Rule is discharged.

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However, the petitioner would be at liberty to challenge the order dated 9.4.2009 (Annexure R.1) regarding claim of compassionate appointment, in accordance with law, if so advised.

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( T.P.S. MANN ) JUDGE

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May 22, 2009 satish

Guddi Devi v. Anurag Rastogi and Ors.

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Guddi Devi v. Anurag Rastogi and Ors.

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