LAWS(RAJ)-2017-2-167

SONU DEVI Vs. STATE OF RAJASTHAN AND ANOTHER

Decided On February 10, 2017
Sonu Devi Appellant
V/S
State of Rajasthan and Another Respondents

JUDGEMENT

(1.) The petitioner has approached this Court claiming compassionate appointment on account of death of her father, who was holding the post of Senior Teacher in the Education Department and expired while in service on 18.03.2011.

(2.) It is submitted by the petitioner that she immediately moved an application for seeking compassionate appointment and all other family members namely brother and sisters submitted an affidavit to give their no objection for allowing appointment of the petitioner. The application was moved by her on 08.02013. While the process of appointment was undergoing, the petitioner got married on 29.11.2013 and affidavit to this effect was also filed by her. The respondents, however, denied the appointment to the petitioner on the ground that she has now got married and a married girl/daughter is not entitled for appointment on compassionate grounds under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (hereinafter referred as 'the Rules of 1996'). The order dated 03.06.2014 was passed by the District Education Officer, (Middle) Sri Ganganagar. Aggrieved of the same, the petitioner has filed the present writ petition.

(3.) Counsel for the petitioner submits that the Rules of 1996 provides the appointment under Rule 5, which is reproduced as under:-