JUDGMENT :

Pushpendra Singh Bhati, J.

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.

2. The petitioner has preferred this writ petition claiming the following reliefs:-

"A). By an appropriate writ, order or direction, the order impugned dated 06.06.2017 (Annex. 10) may kindly be declared illegal and the same may kindly be quashed and set aside.

(B). By an appropriate writ, order or direction, the respondents may kindly be directed to reconsider the case of the petitioner for grant of appointment on compassionate ground and offer her appointment as per her qualification.

(C). Any other appropriate relief which this Hon'ble High Court deems just and proper may kindly be granted in favour of the petitioner."

3. Learned counsel for the petitioner submits that the father of the petitioner, who was working as Lineman in the Jodhpur Vidhyut Vitran Nigam Limited, died while in service on 05.11.2016 leaving behind his wife Smt. Shanti Devi and daughter (the present petitioner). Learned counsel further submits that the wife of the deceased employee was suffering from serious medical ailments and thus, the present petitioner, who is a married daughter of the deceased employee, made efforts for the compassionate appointment by submitting an application seeking compassionate appointment, and though the same was being processed, but subsequently, the said application for compassionate appointment of the present petitioner (married daughter of the deceased employee) was rejected vide order dated 06.06.2017 by the concerned authority, holding that as per Jodhpur Vidhyut Vitran Nigam Limited Compassionate Appointment of Dependents of Deceased Nigam Servants Regulation, 2016 (hereinafter to referred as 'Regulation of 2016'), a married daughter of deceased employee would not fall within the category of the 'dependents'. Learned counsel also submits that against the said order, the petitioner immediately preferred this writ petition on 15.09.2017 and notices were issued and reply has been filed.

4. Learned counsel for the petitioner has drawn attention of this Court to the notification dated 28.10.2021 whereby the Government of Rajasthan, Department of Personnel, has amended the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules 1996; in the definition of 'Dependents' in Rule 2, a provision was inserted that 'dependent' will include a married daughter, if no other dependent of the deceased Government Service mentioned in Clauses (i), (ii) and (iii) is available. The said notification dated 28.10.2021 reads as follows:-

""2. Amendment of rule 2.-the existing clause (c) of rule 2 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules 1966 shall be substituted by the following, namely:-

(c) "Dependent" means,-

(i) Spouse, or

(ii) son including son legally adopted by the deceased Government servant during his/her life time, or

(iii) unmarried/widowed/divorced daughter including daughter legally adopted by the deceased Government servant during his/her life time, or

(iv) married daughter, if no other dependent of the deceased Government servant mentioned in clause (ii) and (iii) above is available, or

(v) mother, father, unmarried brother or unmarried sister in case of unmarried deceased Government servant, who was wholly dependent on the deceased Government servant at the time of his/her death."

5. Learned counsel for the petitioner further submits that the petitioner is a married daughter of the deceased employee and in the present case, as per Clause (iv) of Rule 2(c) and as per the clear interpretation of the Rules of 1996, as notified and quoted above, the petitioner is entitled to be given the compassionate appointment.

6. Learned counsel for the petitioner has relied upon the judgment of Bhuvaneshwari V. Puranik v. State of Karnataka & Ors. in writ petition No. 17788 of 20