KUMARI LAVLI THAKUR Vs. STATE OF CHHATTISGARH, THROUGH SECRETARY, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT

JUDGEMENT

(1.) Grievance of the petitioner in the present writ petition is the rejection of the candidature of the petitioner for grant of compassionate appointment on the ground that the brother of the petitioner is in government employment.

(2.) Perusal of record and also the contentions in the writ petition reflect that both the parents of the petitioner have died in a very short span of time and it was the father of the petitioner on whom the petitioner was totally dependent, died in harness working on the post of Patwari.

(3.) The object behind the framing of the scheme for grant of compassionate appointment is to ensure that the family members of the deceased employee are not put to unnecessary financial crisis or stage of penury on the death of bread-earner of the family. The respondent authorities were supposed to consider the dependency of the petitioner while deciding her case. Merely because the brother of the petitioner is in government employment by itself would not deny the claim of the petitioner for compassionate appointment. It is the issue of dependency which is more important to be taken care of. It could had been a situation where the brother of the petitioner is having his own family and must be living separately and it is only under compulsion and under prevailing circumstances that both the parents of the petitioner having died she must be residing with her brother.