MOHINI DEVI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition the petitioner Smt. Mohini Devi has approached this Court praying for the following reliefs: - -

(2.) FACTS in brief are that the petitioner's husband Devi Singh was serving in the respondent Jodhpur Vidhyut Vitran Nigam Ltd., Jodhpur (JVVNL) on the post of Helper -I. Shri Devi Singh passed away while in service on 28.7.1994. The petitioner claims that she recommended the appointment of her son Manohar Singh in her own place for compassionate appointment in place of her husband. Manohar Singh was accordingly appointed on compassionate basis on the post of Helper -I in the JVVNL vide order dated 20.5.1997. Manohar Singh too passed away while in service on 20.3.2009. Pursuant to the death of Manohar Singh, his wife Smt. Rajeshwari was appointed as Class -IV employee in the J.V.V.N.L. on compassionate basis. While being provided compassionate appointment, she was directed by the authorities to execute an affidavit to the effect that she would maintain and look after the other dependents of the deceased employee. Failure to do so would entail termination of her service. The petitioner was asked to submit a consent letter on 9.2.2012 as to whether Rajeshwari was maintaining her or not. The petitioner thereupon submitted an affidavit to the respondent authorities claiming that Smt. Rajeshwari was not maintaining her and that she was facing great hardship on account of Rajeshwari's failure to maintain her despite the assurance given at the time of her employment. The petitioner thereafter submitted representation dated 7.5.2012 to the respondent authorities. When the representation remained unheeded, the petitioner supplemented the same by a communication dated 12.7.2012 casting aspersions against the Executive Engineer that he had threatened the petitioner to withdraw the proceedings against Rajeshwari Devi. Even thereafter when no action was forthcoming, the petitioner served a notice for demand of justice through her advocate to the respondent authorities on 5.12.2012. The notice did not yield the desired result upon which the petitioner has approached this Court by way of the instant writ petition with the aforementioned prayers.

(3.) MR . V.R. Choudhary, counsel for the petitioner relied upon the judgment rendered in the case of U.P. State Electricity Board v. U.P. Bizali Karamchari Sangh reported in (1998 SCC (L&S) -157) and a decision of this Court in Smt. Bhanwar Kanwar v. Union of India being S.B. Civil Writ Petition No. 11813/2011 decided on 10.7.2012 and urged that the writ petition deserves to be accepted and the respondent No. 6 be directed to make payment of 50% of the salary to the petitioner by way of maintenance.