MANJU SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Assistance of advocate for petitioner is not available, as advocates have taken a call to abstain from the judicial work and not to appear before Courts right from 20/2/2023 onwards, therefore, this Court has no option except to hear the petitioner, present in person and to consider the writ petition as per the material available on record on merits.

(2.) By way of instant writ petition, challenge has been laid by the petitioner to orders dtd. 31/12/2018, 6/3/2019 and 18/2/2022 whereby and whereunder prayer of petitioner to accord compassionate appointment to her son Bharat Sharma in place of her husband-late Shri Kailash Narayan Sharma who was posted as Head Constable and passed away on 7/5/2017 during the course of his service, has been declined and therefore the petitioner has made a prayer to quash and set aside impugned orders and direct respondents to consider her application for grant of compassionate appointment to her son namely Bharat Sharma.

(3.) From facts as pleaded in the writ petition, it transpires that the petitioner's husband Shri Kailash Narayan Sharma passed away on 7/5/2017 and at that point of time he was employed as Head Constable in the office of Superintendent of Police, Tonk. The deceased employee survived his wife aged about 52 years (present petitioner) and four sons namely; (1) Ram Nrayan Sharma aged about 33 years, (2) Laxman Narayan Sharma aged about 31 years, (3) Bharat Sharma aged about 28 years and (4) Shatrughan Sharma aged about 26 years. On 19/6/2017, the petitioner moved an application in prescribed format under provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules 1996 (hereinafter referred to 'the Rules of 1996') before respondent No.2 and stated therein that her three sons except Bharat Sharma lived separately with their respective family and do not render any financial assistance to petitioner; she herself is not able to do job and therefore, she requested that compassionate appointment in place of her deceased husband may be accorded to her son namely Bharat Sharma.