MISS MANJU MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Rajendra Soni, learned counsel for the petitioner and Mr. Ganesh Meena, learned Government Counsel for the respondents. Briefly stated, the pleaded case of the petitioner is that on the demise of her father, Shri Brij Mohan Lal Mathur, who was posted in the State Secretariat, Jaipur, on 6.12.1978, she alongwith her mother and a physically handicapped brother, became dependants of her brother Shri Umesh Mohan Mathur working as Class IV employee with the Directorate of Industry, Department of Industry of the State. The sole bread-earner of the family, Shri Umesh Mohan Mathur also died in harness on 3.7.2001. Situated thus, the petitioner, who is Class VIII pass and otherwise entitled to seek compassionate appointment, applied therefore on 14.8.2001, but was not provided with the same. At that time, petitioner's another brother Shri Hari Mohan Mathur who was alive, expired subsequent thereto on 16.12.2002.

(2.) According to the petitioner, in terms of the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules, 1975 (for short, hereafter referred to as '1975 Rules'), the expression "Family" was defined in Rule 2(f) as hereunder:-

(3.) The Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (for short, hereafter referred to as '1996 Rules') however, repealed the earlier Rules. The 1996 Rules defined the expression "Dependant" in Rule 2(C) thereof as hereunder:-