UGANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the validity of the definition of "dependent" as defined in Rule 2 (c) of the Rajasthan Compassionate Appointments of Dependents of Deceased Government Servants Rules, 1996 (`dependent Rules of 1996' for short) and has further claimed the appointment on compassionate ground after the death of her father.

(2.) THE submission of the counsel for the petitioner is that being a married daughter she is not covered by definition of "dependent" of the deceased government employee and the definition of "dependent" as defined in Rule 2 (c) of the Dependent Rules of 1996 which cover unmarried/widowed daughter is violative of Article 14 of the Constitution of India. Further submission of the counsel for the petitioner is that the petitioner was living separately with her father during his life time as she has separated herself from her husband. Since he petitioner belongs to S. T. Category, therefore, there is no need to take decree of divorce from competent authority.