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IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
LALITA - Appellant
Vs.
THE JODHPUR VIDHYUT VITARAN NIGAM LIMITED - Respondent
Civil Writ Petition No. 707 of 2017
Decided On : 17-01-2018
Compassionate Appointment - Family Dependency - The court directed the respondent to grant compassionate appointment to the petitioner within 60 days, emphasizing the petitioner's responsibility to maintain the deceased employee's family members as per the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules 1996.
Fact of the Case:
The petitioner sought compassionate appointment after her husband, a government employee, passed away. The respondent, the deceased's mother, initially opposed the appointment, citing her responsibility for the deceased's children and ongoing succession proceedings.
Finding of the Court:
The court directed the respondent to grant compassionate appointment to the petitioner, emphasizing her responsibility to maintain the deceased employee's family members. The court also clarified that the decision only applied to compassionate appointment and not to other succession issues.
Issues: The issues involved the petitioner's entitlement to compassionate appointment, the responsibility of the deceased's mother for the children, and the ongoing succession proceedings.
Ratio Decidendi: The court emphasized the petitioner's responsibility to maintain the deceased employee's family members as per the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules 1996, leading to the decision to grant compassionate appointment.
Final Decision: The court directed the respondent to grant compassionate appointment to the petitioner within 60 days, with a provision for 50% of the monthly pay to be directly deposited in the joint bank account of the deceased's mother and children.
Pushpendra Singh Bhati, J.
Petitioner has preferred this writ petition under Article 226 of the Constitution of India praying for the following reliefs :-
"1. This writ petition may kindly be allowed with costs in favour of the petitioner.
2. The respondent Jd. V.V.N.L. may kindly be directed to allow the application of petitioner for grant of compassionate appointment and to grant appointment to the petitioner on suitable post on compassionate grounds on count of death of petitioner's husband, as per law and without any delay.
3. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
4. Costs of the writ petition may kindly be awarded to the petitioner."
2. Learned counsel for the petitioner has pointed out that the petitioner was married to Chhotu Ram Senwar on 24.05.2013 as per Hindu rituals. The petitioner's husband was working on substantive post of Helper under Jodhpur Vidhyut Vitaran Nigam Limited. The husband of the petitioner joined the services on account of compassionate appointment on 27.07.2010. The petitioner's husband got electrocuted and succumbed to the injuries on 22.06.2015. Learned counsel for the petitioner has further pointed out that the petitioner moved an application on dated 18.07.2015 for compassionate appointment and also filed an application for granting of monetary benefits accruing to her on demise of her husband.
3. Learned counsel for the respondent Smt. Bhikhi Devi mother-in-law of the petitioner, however made a submissions that she is having the responsibility of bringing up her grand daughter Pushpa and grandson Vikram and the proceedings regarding the succession are going on before the learned District & Sessions Judge, Jodhpur District, Jodhpur on 12.08.2015 under the provision of Section 372 of the Indian Succession Act. The issue of compassionate appointment has also been raised there.
4. Learned counsel for mother-in-law of the petitioner has stated that first wife of the deceased husband of the petitioner was Smt. Santosh and after her death, the petitioner's husband married with the petitioner but she deserted her husband and underwent Chhutpalla as per the social customs and she started living in her parental village with her parents. Smt. Bheekhi Devi has claimed for the amount of family pension, Gratuity, Provident fund, Group Insurance etc. for herself in the proceedings going on in the learned court below. The order dated 10.09.2015 has been passed whereby the learned trial court has issued a directions to the respondent to consider all objections of both the parties and then decide the matter subject to the final outcome of the petition pending before the learned trial court.
5. It is in disputed that the petitioner is claiming the compassionate appointment only in this petition and the same is governed by the JVVNL having adopted Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules 1996 in the year 2001.
6. Learned counsel for the respondent states that they are under statutory obligation to provide the compassionate appointment to the dependents of the deceased employee. The entitlement accrues on account of the petitioner being a dependent in confirmation with Rule 5 of the Rules of 1996.
7. Learned counsel for the petitioner undertakes on behalf of the petitioner that she shall maintain the mother-in-law Bhikhi Devi, daughter Pushpa and son Vikram, if the compassionate appointment is granted to her.
8. Learned counsel for Bhikhi Devi who opposed the compassionate appointment however finally agrees to the proposition that if they are well maintained then compassionate appointment may be granted to the petitioner.
9. The maintenance of two children of the deceased and the mother of the deceased shall thus, be taken care of by the petitioner in consonance with Rule 5(2) of the Rules of 1996 which reads as follows :-
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