SHAILA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The unfortunate story of the petitioner is that she lost her mother on 28.9.1996 who was killed by none else but her husband, who also happens to be father of the petitioner and her another younger sister. Being minor at the time of death of their mother the petitioner and her younger sister remained under the guardianship of their maternal grand parents. After attaining majority, the petitioner submitted an application to claim appointment on compassionate grounds as per the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (hereinafter referred it to as "the Rules of 1996") as her mother as the time of death was serving the State Government in the capacity of a Teacher. The District Level Officers of the Department of Education forwarded application of the petitioner to the State Government with a recommendation to relax the time limit prescribed in the Rules to submit such application. The State Government instead of considering case of the petitioner on merits, instructed the Directorate of Education (Elementary) to further instruct the petitioner to avail consent of her father being surviving spouse of her late mother.

(2.) The Directorate vide letter dated 23.12.2009 made the State Government acquaint about the circumstances in which mother of the petitioner died, and also about conviction of her husband in relation to killing of the petitioner's mother. A request was also made by the Directorate to take appropriate decision by taking into consideration the facts so communicated. Surprisingly enough, the Deputy Secretary to the Government of Rajasthan returned the original application to the Directorate with following observations:-

(3.) The petitioner then preferred this petition for writ with a prayer to direct the respondents to allow her appointment on compassionate grounds without available consent from her father.