STATE OF RAJASTHAN Vs. JAMNA DEVI

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal claiming to be aggrieved by the judgment and directions of a learned Single Judge who held that the respondents' collective application for compassionate appointment for one of them (both collectively referred hereafter as "the petitioners"?) should be processed.

(2.) The petitioners are widow and son of late Roopa Ram who was working as Upper Division Clerk in the office of Additional Chief Medical and Health Officer, Division Jaitaran in the pay scale of ? 5000-8000 died on 04/08/2006. In view of this development, Vijay Kumar, elder son of deceased Roopa Ram (hereafter referred to as the "deceased-employee") applied for compassionate appointment- with the consent of his mother i.e. the first petitioner (Jamna Devi) widow of the deceasedemployee. His application was accepted and Vijay Kumar was appointed as Ward Boy in the pay scale of ? 2550-6032. On 19/11/2011 Vijay Kumar unfortunately died due to ill health. In these circumstances, his younger brother (second petitioner hereafter "Deepak"?) applied for compassionate appointment. His application too was consented by his mother and widow of the deceased-employee. The Senior Medical Officer, Community Health Center forwarded his application to the competent authority.

(3.) On 21/08/2012 the request for compassionate appointment, was rejected; the rejection letter stated that the petitioners could not be considered the dependent of the deceased Vijay Kumar in terms of the rules governing the compassionate appointment, framed in 1996. The first petitioner Jamna Devi, had applied on the premise that the rules permitted her to nominate another dependent of the late Roopa Ram.