DEEPA AGARWAL Vs. STATE OF RAJASTHAN & ANOTHER

JUDGEMENT

(1.) This writ petition was filed by the petitioner, Mrs. Deepa Agrawal, way back in the year 2010 assailing the order dated 15.04.2010 passed by the Superintendent of Police, Alwar whereby her application seeking appointment on compassionate ground has been rejected. According to the petitioner, she is legally weded wife of Dharampal Meghwal, who was employed with the respondents as Constable bearing No. 1776. While he was posted at MIA Police Station, Alwar, he died on 25.01.2010. He by then had completed services of 15 years. According to the petitioner, their marriage was solemnized as per hindu customs and rites on 06.05.2004. Two sons namely Purav Verma and Bhavya Verma were born out of their wedlock on 16.06.2005 and 12.12.2007 respectively.

(2.) The petitioner applied for compassionate appointment under the Rajasthan Employment of Dependents of Deceased Government Servants Dying While in Service Rules, 1996 (hereinafter referred to as 'the Rules of 1996). The petitioner has placed on record birth certificates of her two children wherein name of Shri Dharampal Singh has been shown as their father. It is contended that the petitioner is graduate and she is eligible for appointment on the post of L.D.C. under the Rules of 1996. The Superintendent of Police, Alwar vide order dated 15.04.2010 rejected her application seeking appointment on compassionate ground on the premise that her name is not entered as wife of the deceased in the service record of the deceased employee. The petitioner has contended that she is in dire need of compassionate appointment as she is having responsibility of maintaining two children. It is difficult for her to meet both ends of the day. She has been taking tuition for bringing up of her children. The Superintendent of Police, Alwar has relied on the service record of the deceased employee whereas the service book which is being maintained by the department in the Proforma GA-36, has no column with regard to wife.

(3.) The petitioner, who is present in person, has submitted that she has voluminous records to prove that she is legally weded wife of the deceased; therefore, non- registration of marriage cannot be a reason for not treating her as legally weded wife of the deceased. Apart from birth certificates of her children, she has referred to Voters Identity Card issued by Election Commission of India wherein deceased has been shown her husband. She also relied on the school record of two children. The petitioner in the course of arguments produced such school record as also hospital record in which she has been shown as wife of the deceased. She has also produced for perusal of the Court copy of the Ration Card and the communication dated 16.03.2013 addressed to her by Central Public Information Officer-cum-Assistant General Manager, State Bank of Bikaner and Jaipur informing her that deceased Dharampal in his Account No. 61008275984 had made her nominee. The petitioner has also produced the copy of the post mortem report wherein her name has been shown as his wife. The petitioner has also produced number of photographs showing the petitioner, deceased Dharampal and their family members together, which have been returned to her.