CHANDA KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The widowed daughter-in-law of the deceased Government Servant late Smt. Prem Devi, who was Class IV employee in the respondent Medical and Health Department of the State is seeking appointment on compassionate grounds under the Rules of 1996. The said widowed daughter-in-law is the sole legal representative of the deceased Government Servant and no other bread-winner had applied for compassionate appointment under the Rules of 1996 but the application filed by the present petitioner has been rejected by the impugned order Annexure-2 dated 30.01.2013. Hence, the present writ petition has been filed by the petitioner in this Court on 24.07.2013 with the following prayers:

(2.) The learned Government Counsel, Ms. Shweta Bora, appearing on behalf of the respondents is not in a position to controvert the submissions made on behalf of the learned counsel for the petitioner but submitted that in the case referred by the learned counsel for the petitioner, the deceased Government servant was the father-in-law of the widowed daughter-in-law and in the present case, the deceased Government servant is the mother-in-law of the widowed daughter-in-law. In the opinion of this Court, this different as pointed out by the learned Government Counsel would hardly make any difference and, therefore, the rejection of the application of the petitioner seeking appointment on compassionate grounds on account of death of her mother-in-law who was a Class-IV employee in the respondent Medical and Health Department cannot be sustained and the writ petition filed by the petitioner deserves to be allowed in the same terms of Smt. Pinki v. State of Rajasthan and Other .

(3.) Accordingly and in view of the above, this writ petition is allowed in the same terms of Smt. Pinki v. State of Rajasthan and Other . The impugned rejection order Annexure-2 dated 30.01.2013 is quashed and set aside. The respondents namely, the Deputy Director, Medical and Health Services, Rajasthan, Jaipur is directed to consider the case of the petitioner for giving her appointment on compassionate grounds on account of death of her mother-in-law in accordance with the Rules of 1996 and in terms of judgment in Smt. Pinki v. State of Rajasthan and Other , within a period of two months from today. No order as to costs. A copy of this order be sent to the parties concerned forthwith.