SHAKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Learned counsel for the petitioner submits the petitioner's husband Late Shri Om Prakash was employed as a Safai Karamchari with the Municipal Corporation, Jodhpur; the petitioner is the second wife of Late Shri Om Prakash as his first wife Smt. Shanu was expired on 5/7/1997. Learned counsel further submits that the marriage certificate of the petitioner dtd. 20/9/1998 is on record. Learned counsel also submits that though there might be some dispute between children of the first wife and the present wife (the petitioner), but the Rule position is very clear and as per Rule 10 of Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996 (for short 'the Rules of 1996'), the surviving spouse has got the priority. 2.1 Rule 10 of the Rules of 1996, reads as follows:

(3.) Learned counsel for the respondents is unable to refute the Rule position, but at the same time, submits that the delay was on count of the children of first wife disputing the application for compassionate appointment of the present petitioner and also certain confusion regarding the date of the death of the first wife.