GAURI DEVI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Instant petition has been field by widow of Late Shri Ramesh Chand, who was serving as Class IV and died while in service on 6.4.2003, seeking appointment under Rajasthan Recruitment of Dependants of Government Servants Dying while in Service Rules, 1996 ("Rules 1996"). Her application was rejected by respondents vide letter dated 25.6.2003 (Ex. 1) and dated 23.7.2003 (Ex. 3) on the premise that in view of Rule 7(3) of Rules, 1996 applicant seeking appointment has to full fill all general conditions under relevant Rules, and in view of notification dated 8.4.2003 (Ex. 7) whereby amendment has been made in Class IV Service Rules, all such applicants having third child after 1.6.2002 shall not be eligible to seek Govt. employment. Counsel for petitioner contends that further amendment was made vide notification dated 29.10.2005 (Ex. 8) published in Lekhavig of Nov., 2005 whereby widows seeking compassionate appointment were exempted from the application of amendment made vide notification dated 8.4.2003 (Ex. 7) and in view of amendment (Ex. 8) very rejection of application of petitioner seeking appointment under Rules, 1996 is wholly arbitrary and violative of Art. 14 of the Constitution. Counsel for respondents on the other hand contends that on the date when application of petitioner was considered, amendment putting restriction under service Rules on the applicant having third child to seek appointment was in force and exemption has been given effect to the widows seeking compassionate appointment by subsequent amendment made on 29.10.2005 much after rejection under order impugned; as such she is not entitled now to be considered to seek compassionate appointment particularly when amendment regarding exemption has been made effective prospectively.

(2.) I have considered contentions of counsel for parties and with their assistance examined material on record. It is not in dispute that petitioner's husband served as Class IV and died while in service on 6.4.2003 and under Rules, 1996, widow of deceased employee is first legal heir for seeking appointment and object behind is to provide social protection and financial assistance to the family of the deceased employee whose widow is first legal representative to take care of members of family of the deceased employee. Keeping this object into consideration, if widow submits application for seeking appointment under Rules, 1996, all other riders with respect to eligibility have been noticed by rule making authority and taking note of it, amendment was made under Rules, 1996 vide notification dated 29.10.2005 by way of exemption from rider inserted vide notification dated 8.4.2003. In my opinion, after the amendment has been made, respondents are under obligation to now examine her application seeking compassionate appointment under Rules, 1996.

(3.) Consequently, this writ petition succeeds and orders dated 25.6.2003 (Ex. 1) and dated 23.7.2003 (Ex. 3) are hereby quashed & set aside. Respondents are directed to consider application of petitioner afresh for appointment under Rules, 1996 taking into consideration amendment made vide notification dated 29.10.2005. All exercise to comply with this order be ma a within two months and decision taken thereon be communicated to petitioner also. No costs. Writ petition allowed.