NAMISHA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner is a divorced lady of 31 years of age. Her father died in the year 1988. Thereafter, she got married to one Nitin Kumar but on account of certain problems, she got a decree of divorce by mutual consent on 10.2.2009. Her mother was working as Teacher Grade-III in the Education Department at Government Secondary School, Kharla but she died on 13.12.2011. The petitioner, who was entirely dependent upon her mother, after the divorce, completed her M.A. and B. Ed. and also passed the Rajasthan Teachers Eligibility Test-2011. After the demise of her mother, the petitioner is left without any support and is in great financial crisis. She filed an application before the competent authority for compassionate appointment while relying upon the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 on 17.2.2012. The matter remained pending with the State Govt. till 4.3.2013, whereby, the Deputy Secretary to the Government directed the Director, Elementary Education, Rajasthan to send the requisite documents for compassionate appointment. The petitioner was eligible on all counts. However, her candidature for appointment on compassionate ground was rejected by the Director, Secondary Education while relying upon Rule 22(Gh) of the Rules of 1996. Learned counsel for the petitioner has pointed out that no rule, namely, Rule 22(Gh) as referred in the order Annexure-10 dated 18.9.2013 is available or exists. Reply has been filed. In the reply, Rule 2(c) of the Rules of 1996 is quoted. As per the definition given under Rule 2(c), only unmarried or widowed daughters can be given appointment by treating them as dependent.

(2.) Thus, the issue that requires to be adjudicated by this Court is whether a divorced daughter of a deceased government servant falls under the category of a dependent or not. The petitioner being a divorced daughter is not one of the persons as mentioned in the definition of "dependents". The Rule 2(c) of the Rules of 1996 is as under:-

(3.) A bare look of the Rules of 1996 reveals that the term "dependent" means a spouse, son, unmarried or widowed daughter, adopted son or adopted unmarried daughter legally adopted by the deceased government servant during his/her life-time and who were wholly dependent on the deceased government servant at the time of his/her death. It is, therefore, clear that daughter has been mentioned in the definition of "dependent" including an unmarried and widowed daughter.