STATE OF RAJASTHAN Vs. KUMARI URFEEN SABRI

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Respondent Kumari Urfeen Sabri (hereinafter referred to as 'the petitioner) preferred a writ petition before the Single Bench challenging the order dated 22 nd March, 2007 passed by the appellants (hereinafter referred to as 'the respondents) whereby the petitioner was refused compassionate appointment. The Single Bench allowed the writ petition vide its order dated 23 rd May, 2011, set aside the order dated 22 nd March, 2007 and remanded the matter to the respondents to decide the matter afresh within a period of three months. Being aggrieved with the directions of the Single Bench, the respondents have preferred this intra court appeal.

(3.) Submission of the learned counsel for the appellants is that Smt. Nazma died on 23 rd February, 2000 while in service and at the relevant time the petitioner Kumari Urfeen Sabri was only 11 years old, since there was no provision for giving employment to minor, therefore, her case was not considered. Petitioner subsequently applied for compassionate appointment after attaining the age of majority. The application was dismissed vide order dated 22 nd March,2007 on the ground that husband of Smt. Nazma was already in employment. It is also submitted that even if Syed Zakir Hussain, who is in employment was not biological father of petitioner, since a period of 12 years has expired from the date of death of Smt. Nazma, therefore, in view of the judgment of Hon'ble Apex Court in case of Eastern Coalfields Limited Vs. Anil Badyakar & Ors., 2009 13 SCC 112and State of J&K & Ors. Vs. Sajad Ahmed Mir, 2006 5 SCC 766, the directions of Single Bench are liable to be set aside.