DURGA DEVI MAIRDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Smt. Gawari Devi while working as a Class-IV employee in the respondent-department, passed away on 7/2/2013. The petitioner, widowed daughter in law of the deceased employee filed an application seeking compassionate appointment in the year 2013 as per the provisions of Rajasthan Compassionate Appointment to the Dependents of Deceased Government Servant Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The respondent-department rejected the application vide orders dtd. 20/3/2013 and 21/3/2014 on the count that 'widowed daughter in law' does not fall within the definition of 'Dependent' provided under the Rules of 1996.

(2.) Learned counsel for the petitioner submitted that rejection of the application seeking compassionate appointment deserves to be declared bad in the eyes of law as 'widowed daughter in law' should be considered as 'dependent' of a Government servant as defined under Rule-2(c) of the Rules of 1996. Reliance was placed on the judgment rendered by this Court in the case of Smt. Pinki v. State of Rajasthan and Ors. (S.B.C.W. No. 9177/2010). Counsel further relied on judgments rendered by Chhattisgarh High Court and Allahabad High Court in the cases of Smt. Duliya Bai Yadav v. State of Chhattisgarh and Ors. (Writ Petition (S) No. 5051 of 2014) and U.P. Power Corporation Ltd. v. Smt. Urmila Devi (S.A.W. No. 1026 of 2003) respectively.

(3.) Rule-2(c) of the Rules of 1996 is reproduced herein below for the sake of ready reference:-