The main legal point established is that the definition of 'dependent' should be interpreted broadly, taking into account the socio-economic circumstances, and an unmarried sister living in her brother's family as his daughter can be considered a dependent for compassionate appointment.

1. - Instant writ petition has been filed by the petitioner for quashing order dated 21.09.2010 (Annex.-7) passed by respondent No. 1 whereby the respondent No. 1 rejected the case of the petitioner for providing appointment on compassionate ground for the reason that unmarried sister is not included in the definition of "dependent" in the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules 1996 and further prayed that the respondents may be directed to provide appointment on compassionate ground because the petitioner is unmarried sister of deceased Government servant late Kanti Prasad Pandit who was working as Junior Judicial Assistant in the High Court and died while in service on 28.06.2010.

2. Learned counsel for the petitioner submits that the petitioner's father late Daulal Pandit (Harijan) died and, thereafter, petitioner along with two other sisters was living with their widow mother and brother late Kanti Prasad Pandit who was working as Junior Judicial Assistant in the Copying Section of the Rajasthan High Court. The whole family was dependent upon late Kanti Prasad Pandit, therefore, after his death the petitioner being unmarried sister of late Kanti Prasad Pandit preferred an application for providing appointment on compassionate ground but the respondent Rajasthan High Court rejected the application of the petitioner for providing appointment on compassionate ground.

3. According to learned counsel for the petitioner, the Division Bench of this Court in the case of Herald Hamilton v. State of Rajasthan, reported in 1988 (1) RLW 142 , interpreted the definition of "family", in which, it is held that definition of "family" is flexible, therefore, in the event of death of brother or sister, application can be considered for providing appointment under the rules on compassionate ground if it is found that the family members were dependent upon the Government employee.

4. In this case, the petitioner being unmarried younger sister and dependent upon late Kanti Prasad Pandit is very much entitled to get appointment on compassionate ground because in our country after the death of the father only protection is available for the unmarried girls to live with her brother or mother and they are required to be treated as dependent upon the brother and/or mother and the brother is required to treat the younger unmarried sister as daughter to perform the duty of protection of the life of the unmarried sister. Therefore, the rejection of the petitioner's candidature is totally illegal, therefore, prayer is made that communication impugned may be quashed and respondents may be directed to provide appointment to the petitioner being unmarried sister of late Kanti Prasad Pandit upon any post available in the High Court in the cadre of Class IV employee.

5. Per contra, learned counsel for the High Court vehemently opposed the prayer of the petitioner and submits that appointment on compassionate ground can be given in accordance with the Rules of 1996 and in the said rules there is definition of "dependent" provided under Rule 2(c) in which unmarried sister is not included as dependent of the deceased Government servant, therefore, the petitioner cannot claim appointment under the Rules of 1996 on compassionate ground.

6. According to learned counsel for the respondents, the rejection is perfectly justified because the petitioner being unmarried sister of late Kanti Prasad Pandit cannot be treated as dependent of the deceased employee as per Rules of 1996. Therefore, the writ petition filed by the petitioner may be dismissed.

7. After hearing learned counsel for the parties, I have perused the definition of "dependent" occurring in the Rules of 1996 which reads as under:

" (c) "Dependant" means a spouse, son, unmarried or widowed daughter, adopted son/adopted unmarried daughter legally adopted by the deceased Government servant during his/her life time and who were wholly dependant on the dece