KESHAR KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been preferred by the petitioner with the prayers that the respondents be directed to make payment of 11 months' salary, P.F., Gratuity with 18% interest per annum and that the respondents be directed to consider the petitioner's case for appointment on the post of peon on priorities, humanitarian grounds, equity, justice and good conscience.

(2.) FACTS in brief are that the petitioner's husband Shiv Singh Dahiya was employed as a Class -IV employee in Umed Higher Secondary School, Jodhpur. He expired on 29.6.2002. The petitioner claims that she was not paid the remnants of salary of her husband and the remaining dues run into almost Rs.60,000/ -. She submitted a representation Annex.P/1 dated 13.7.2002 to the respondents. She also filed an application for grant of compassionate appointment which was dismissed by communication Annex.P/2 dated 4.11.2004. A legal notice Annex.P/3 was forwarded by the petitioner to the respondent department but the same was not replied, on which the petitioner has approached this Court by way of the instant writ petition.

(3.) THE respondents have filed a reply and a preliminary objection has been raised that the institution where the petitioner's husband was working was a non -government educational institution and thus, if the petitioner has any grievance regarding the non -payment of any dues pursuant to her husband's death, the proper remedy for her would be to file an application before the Rajasthan Non -Government Educational Institutions Tribunal. The other averments made in the writ petition have been denied.