NEETA CHOPRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer that petitioner be held entitled to be appointed on a post falling in the category of subordinate service and the letter/order dated 4. 9. 1990 be held to be illegal and be set aside.

(2.) BRIEFLY stated, the husband of the petitioner-deceased D. K. Chopra was posted as Senior Draftsman in the office of Executive Engineer (P. H. E. D.) in Jaipur. He died from cancer on 17. 9. 1989. The petitioner is M. A. Since her husband died while in service, she applied for getting suitable employment under the provisions of the Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975 ( for brevity 'the Rules, 1975' ). Even though petitioner was highly qualified she accepted to be appointed on the post of LDC vide order dated 24. 10. 89 (Anx. 3) since there was no other way-out for survival of the family. The petitioner gave representations dated 16. 1. 90 (Anx. 4) and 21. 2. 90 (Anx. 5) praying that she is entitled to be appointed on the higher post than L. D. C, which may be equivalent to the post, which was held by her husband keeping in view her qualifications. Respondent No. 3 issued a letter dated 7. 3. 90 to the Deputy Secretary, Department of Personnel, Group-II, A-2, Rajasthan, recommending that the matter of the petitioner for appointing her on a suitable post may be examined and she may be appointed on the post, she is entitled too. Representations were also submitted by her from time to time, the copies of which have been placed on record. However, vide Anx. 12 dated 4. 9. 90, her representations were rejected on the ground that once an employment has been given to her as dependent of the deceased Government Servant under the Rules, 1975, no new appointment can be made on any other post. Since no action was taken, a notice for demand of justice was served, but with no effect. Hence this writ petition.

(3.) THE writ petition is allowed as above with no order as to costs. .