KAJODI DEVI Vs. LOCAL SELF GOVERNMENT

JUDGEMENT

(1.) By the instant writ petition, the petitioner has challenged the order of termination dated 23.4.1997 (Annexure-10) whereby the compassionate appointment, which has been offered to her on account of death of her father Shri Kanhaiya Lal on the premise that she was married prior to her father's death and .could not be considered to be dependent on the date of submission of application.

(2.) The petitioner's father Shri Kanhaiya Lal was serving in the Sate Government as Gardener and while in service, he died on 21.2 1996. After his death, the petitioner No. 1-Smt. Kajodi Devi, who is widow of deceased-Government employee, forwarded application of her daughter petitioner No. 2-Smt. Sampat Devi for her appointment under the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (Rules of 1975'). Her application was duly forwarded and she was considered for appointment vide order dated 3.1.1997 (Annexure-6). In pursuance to which, she joined and after serving for four months, her services were terminated vide order dated 23.4.1997 (Annexure-10) on the premise that she was married on the date of her submission of application and could not be considered to be dependent in terms of Rules of 1975.

(3.) Shri Arvind Juneja, counsel for petitioner urged that she being only daughter and dependent upon the deceased Government employee despite she being married was entitled to be considered for appointment and no error was committed while appointment was offered to her vide order dated 3.1.1997 (Annexure-6) and without following the procedure and due compliance of principles of natural justice, her services have been terminated by the respondents vide order dated 23.4.1997 (Annexure-10).