JEEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In view of the fact that Petitioner being a lady of 67 year's old chaiming that she is not being maintained by her husband's brother, who was given appointment on compassionate ground under the Rajasthan Recruitment of Dependent of Government Servant Dying while in Service Rules, 1975 (hereinafter referred to as the Rules of 1975) as in the year 1980 specific on 14th Nov., 1980, the Petitioner's husband died and Petitioner submitted to the Respondent-employer that since her two sons and two daughters are minor and her husband's brother-Respondent is eligible to get compassionate appointment, therefore, the compassionate appointment may be given to the Respondent No. 4. The Respondent No. 4 also gave in writing (Annex. 5) that he be given appointment and he will maintain the family of the Petitioner. The Petitioner's contention is that since last 3 years, the Respondent No. 4 is not maintaining the Petitioner, therefore, the present writ petition has been filed for the reliefs as prayed.

(3.) Brief facts of the case are that the Petitioner's husband Pukh Raj died while working in the office of the Municipal Board, Bheenmal on 14th Nov., 1980 and at the time of his death he was holding the post of Class-IV Employee. The Petitioner's family was consisting of herself, her two sons and two daughters, all of them were minor. The Petitioner gave affidavit in the Municipal Board, Bheenmal that she has no source of income and compassionate appointment may be given to the Respondent No. 4. The Respondent No. 4 also submitted a written undertaking in the year 1981 that he will maintain his brother's family, obviously, the Petitioner's family after compassionate appointment is given. In the year 1980-81 no provision was there of maintaining the family members of the deceased to be provided by the persons who gets appointment on compassionate ground and in the year 1996 the Rules was amended by making a specific provision that a person who gets compassionate appointment shall be responsible to maintain the other family members of the deceased employee and if he failed to maintain the appointment itself may be cancelled. The Petitioner's counsel submitted that since last 3 years, the Petitioner and Petitioners' family is not being maintained by the Respondent and, therefore, the direction be issued to the Respondent to pay 50% of the salary of the Respondent No. 4 to the Petitioner. The salary of the Respondent No. 4 as alleged by the Petitioner is Rs. 21,000/-whereas according to Respondent No. 4 after deduction he is getting at present Rs. 13,000/- plus amount only and not Rs. 21,000/-. The Petitioner further prayed that in case the Respondent No. 4 shall not maintain the Petitioner then his services may be terminated and Petitioners son may be granted appointment on compassionate ground.