ORDER :

Anoop Kumar Dhand, J.

1. The instant Special Appeal (Writ) has been directed against the orders dated 15.11.2017 and 17.07.2018 passed by the learned Single Judge in S.B. Civil Writ Petition No. 14442/2017 (Sunil Kumar Vs. State of Rajasthan & Ors.), by which, directions have been issued to accord provisional compassionate appointment to the respondent No. 4 and for considering the case of the respondent No. 4 and children of deceased employee for grant of family pension/gratuity/retiral benefits.

2. Brief facts of the case leading to filing of Special Appeal (Writ) are as follows:-

(i) Roshan Lal husband of the appellant Lalita Devi and father of the respondent No. 4 Sunil Kumar died on 06.08.2017 while working on the post of Forest Guard.

(ii) Roshan Lal got married to Sita Devi and out of this wedlock, Sunil Kumar (respondent No. 4) and his sister Deepika were born. Sita Devi expired on 25.05.2005 and after her death, on 16.04.2007, Roshan Lal solemnized second marriage with the appellant Lalita Devi. Out of this second wedlock, a son Khem Chand was born. It is an admitted case that leaving behind five members in the family, Roshan Lal passed away on 12.07.2017.

(iii) On 21.07.2017, respondent No. 4 Sunil Kumar lodged a report against the appellant Lalita Devi at the Police Station Suratgarh, District Sri Ganganagar with an allegation that on the fateful day i.e. 12.07.2017, at about 7:00 p.m. his step mother Lalita Devi (appellant herein) poured petrol on his father with an intention to kill him. He further alleged that his step mother used to quarrel with his father for want of money and property.

(iv) Upon the aforesaid report, an FIR No. 175/2017 was registered at the Police Station Suratgarh, District Sri Ganganagar for the offence under Section 307 IPC. During the course of investigation, Roshan Lal expired on 06.08.2017 and the offence under Section 302 IPC was added. Thereafter, the appellant was arrested and charge sheeted for the above offences before the competent court of law.

(v) On 14.09.2017, respondent No. 4 Sunil Kumar submitted an application in the prescribed format before the respondents for granting him compassionate appointment under the provisions of Rajasthan Compassionate Appointment of Dependents of Deceased Government Rules, 1996 (hereinafter referred as "the Rules of 1996") without disclosing the name of the appellant (his step mother) as dependent of the deceased Roshan Lal. However, the name of Khem Chand (step brother of respondent No. 4 Sunil Kumar), was mentioned in the said application.

(vi) The respondents neither offered appointment to the respondent Sunil Kumar in absence of the consent of the appellant, nor released the pension, gratuity and other retiral benefits of the deceased to the family. Hence, the respondent No. 4 Sunil Kumar filed S.B. Civil Writ Petition No. 14442/2017 without impleading the appellant as party-respondent to the writ petition. The following prayers were made in the said writ petition, which are reproduced as under:-

"a. The respondents may kindly be directed to consider the application of the petitioner to provide him compassionate appointment as per the rule 1996 and provide him appointment on the suitable post according to his qualification, with all consequential benefits.

b. That the respondents may kindly be directed to extent the retiral benefits of his father to the petitioner including the family pension as per the Provision of the Pension Rules 1996."

(vii) On 15.11.2017, while issuing notices, the learned Single Judge passed the following order:-

"Issue notice. Issue notice of the stay application also. Both the notices be made returnable within six weeks.

In the meanwhile, petitioner's candidature may be provisionally considered for according appointment on compassionate ground under the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996, without insisting for consent/'No objection' from his step