SANTOSH BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HUSBAND of the petitioner died while in service on 31-3-1995. Petitioner being widow with two minor children applied for compassionate appointment on 12-3-1996. The application in due proforma had also been submitted accordingly. On receipt of application, the same was also forwarded by the concerned authorities to the State Government for giving relaxation of period for filing the application. However, since no action was taken, there was no option for the petitioner but to seek protection of this court in the present writ petition.

(2.) IN reply, the facts as stated above have not been disputed so far. However, only technical objection as taken by the respondents is that the application was not submitted within 45 days as prescribed under the Rules of 1996. IN a welfare State when a benefit is given to mitigate hardship of the family of deceased employee, the authorities are not supposed to be so insensitive to take such hyper technical objection. A widow illiterate lady with two minor children suddenly faced with the death of his husband is not expected to react immediately and complete all the formalities as per relevant rules. Even otherwise, the application has been filed within 12 months of the death of her husband. Such delay cannot be treated as inordinate delay.