STATE OF RAJASTHAN Vs. SUSHILA DEVI

JUDGEMENT

(1.) Heard.

(2.) This intra-court appeal is directed against the order dtd. 19/12/2022 passed by learned Single Judge, whereby the writ petition filed by the respondent seeking compassionate appointment has been allowed.

(3.) The facts necessary for adjudication of the controversy involved in this Special Appeal are that the mother-in-law of the respondent, who was working on the post of 'Coolie' in the Respondent-Department died on 15/7/2007. Immediately thereafter, within a period of 8 days, an application for compassionate appointment was made by the son (husband of the writ petitioner) on 23/7/2007. While the application of the son of the deceased employee was under process for grant of compassionate appointment, having been forwarded by respondent No.2 to Superintendent Engineer, Jaipur, an unfortunate incident took place when the son/applicant Sawar Lal (husband of the writ petitioner) also died on 14/3/2008. He left behind the writ petitioner, his widow and three minor children in lurch, who were fully dependent on the deceased employee. She made an application for grant of compassionate appointment on 3/3/2009 as provided under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Rules, 1996 ('Rules of 1996' in short). The application, however, came to be rejected on 19/3/2009 on the basis that under the Rules, daughter-in-law is not entitled to compassionate appointment, as she is not included in the definition of dependent family members under the Rules. This led to filing of the writ petition which came to be allowed by the learned Single Judge.