MAHENDRA SINGH CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for direction to the respondents to provide appointment on compassionate ground with effect from the date of application, which is 2.2.2004 with all consequential benefits. As per facts of the case, the petitioner's father late Devilal Jat first married with petitioner's mother, out of that wedlock, the petitioner was born; but, in the year 1982, the petitioner's mother died. Thereafter, the petitioner's father Devilal Jat married with a widow Smt. Jamnabai Choudhary in the year 1987 and as such Smt. Jamna Bai Choudhary was step-mother of the petitioner and petitioner was living with his father and step-mother Smt. Jamna Bai Choudhary.

(2.) Case of the petitioner is that his step-mother Smt. Jamnabai Choudhary was working as Class IV employee in Government Girls Secondary School, Dhan Mandi, Udaipur and she died while in service on 1.1.2004. Therefore, the petitioner applied for appointment on compassionate ground on 9.2.2004 in the office of the respondents being dependent son of late Smt. Jamnabai. The amounts of state insurance and gratuity etc. were paid to the petitioner because the petitioner obtained succession certificate issued by the competent Court in his favour.

(3.) Vide communication dated 10.6.2004 (Annex. 3) certain information regarding service details of the petitioners mother Smt. Jamnabai were obtained and, in pursuance of that, detailed reply was filed by the petitioner, in which, the petitioner stated that his step-mothers first husband died in the year 1965, however, she had no issue out of her previous wedlock; and, thereafter, Smt. Jamnabai married with his father in the year 1987 and the petitioner is the only son and legal heir of late Smt. Jamnabai.