KUMARI ANITA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution, the petitioner has sought appointment on compassionate ground.

(2.) As per facts pleaded in the writ petition, the father of the petitioner late Kalu Lal was Chowkidar in the office of Assistant Commissioner, Devesthan Department Kota, who died on Oct. 2, 1996 while in Govt. Service. Kalu Lal's first wife was Smt, Shakuntala, who died after giving birth to the petitioner. Kalu Lal then entered into second marriage with Smt. Kamlesh, who gave birth to Rohit (respondent no.4) Smt. Kamlesh also died on Nov. 25, 1996 leaving behind her minor son Rohit. In order to seek appointment on compassionate ground, the petitioner submitted an application in the prescribed proforma under the Rajasthan Recruitment of Dependents of Government Servant Dying while in Service Rules, 1975 read with the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (in short Compassionate Appointment Rules). When appointment was not given to her, she has approached this Court.

(3.) The respondents in their return submitted that the petitioner and Rohit were the dependents of late Kalu Lal. Rohit is minor and is presently living with his maternal uncle Rajesh. As the petitioner has neither submitted the consent of Rohit, nor filed undertaking for looking after her minor brother, therefore, in view of Rule 10(2) of the Compassionate Appointment Rules, looking to the welfare of Rohit the petitioner was not given appointment. The respondents further averred that the guardian of Rohit served a legal notice on the respondents that the petitioner is not entitled to employment because she was going to marry on May 2, 2001. Rohit also claimed employment on compassionate ground by keeping post reserved till he attains the age of majority.