BARFI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, the petitioner is seeking appropriate writ, order or direction for her compassionate appointment under the Rajasthan Recruitment of Dependants of Government Servants Dying while in Service Rules, 1975 (for short 'the Rules of 1975') in place of her deceased- husband Shri Ramphool who was also appointed under the said Rules of 1975 and the Work Charge Rules in place of this deceased father vide order dtd. 1/4/1982 as a dependent workman.

(2.) Briefly stated the relevant facts of the case are that the petitioners husband was appointed as dependent of his deceased father vide order dtd. 2/4/1982. The services of the petitioner's husband were retrenched on 3/2/1984 in respect of which conciliation proceedings were filed by the late husband of the petitioner which resulted in failure. Ultimately, a reference was made by the State Government to the effect that whether Ramphool's services have been legally or validly terminated from 7/2/1984? If not then for what relief and amount, workman is entitled? During the pendency of the said reference application, the workman died on 23/7/1993 and his legal representatives, the present petitioner was substituted alongwith her minor sons. The said reference was answered affirmative on the ground that before retrenchment, the workman Ramphool (deceased) was not paid the compensation and notice pay, which is violative of mandatory provisions of Sec. 25-F. The Labour Court ultimately passed an award on7/9/1995 to the effect that since Ramphool died, therefore, no reinstatement order can be passed, but the deceased-Ramphool's wife Smt. Barfi (petitioner) is entitled for salary from 7/2/1984 to 22/7/1993 with all other and consequential benefits.

(3.) In para 9 of the writ petition, it is submitted that she has submitted a representation for employment under the Rules of 1975. However, there is a mention of notice for demand of justice dtd. 16/8/1986 which proved of no avail.