PINKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is daughter-in-law of late Shri Mohanlal who died on 24.5.2008 alongwith his son Shri Ratanlal (husband of the petitioner) and daughter Kumari Seeta in a road mishap. The family of late Shri Mohanlal was survived by only female members and they are Smt. Suwa Devi (aged about 80 years, mother of deceased), Smt. Jimiya Devi (wife of the deceased and mother-in-law of the petitioner aged about 53 years), Smt. Pinki (the petitioner herself, aged about 25 years), Baby Krishna and Baby Rampyari (both daughters of the petitioners aged 8 and 2 years respectively).

(2.) The petitioner, considering herself a dependent of late Shri Mohanlal, who was working as Veterinary Assistant at the time of his death with the respondents, applied through her mother-in-law for appointment on compassionate grounds, as per the Rajasthan Compassionate Appointment of Dependents of Deceased Government Service Rules, 1996 (hereinafter referred to as "the Rules of 1996"). The claim of the petitioner has been rejected being not "Dependent" of the deceased government servant as defined under Rule 2(c) of the Rules of 1996. As per Rule 2(c) the term "Dependent" means, a spouse, son, unmarried and widowed daughter, adopted son/adopted unmarried daughter legally adopted by the deceased government servant during his/her life time and who were wholly dependent on the deceased government servant at the time of his/her death.

(3.) With the factual background above, the petitioner by this petition for writ is demanding a direction for the respondents to employ her in Class- IV service on compassionate grounds. The grounds to claim the relief are as under:-