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2022 Supreme(Raj) 2306

KULDEEP MATHUR
Durga Devi Mairda – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Ramdev Potalia, Advocate., for the Appellant
Anjana Jawa, Advocate., for the Respondents

JUDGMENT

Kuldeep Mathur, J. - Smt. Gawari Devi while working as a Class-IV employee in the respondent-department, passed away on 07.02.2013. The petitioner, widowed daughter in law of the deceased employee filed an application seeking compassionate appointment in the year 2013 as per the provisions of Rajasthan Compassionate Appointment to the Dependents of Deceased Government Servant Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The respondent-department rejected the application vide orders dated 20.03.2013 and 21.03.2014 on the count that 'widowed daughter in law' does not fall within the definition of 'Dependent' provided under the Rules of 1996.

2. Learned counsel for the petitioner submitted that rejection of the application seeking compassionate appointment deserves to be declared bad in the eyes of law as 'widowed daughter in law' should be considered as 'dependent' of a Government servant as defined under Rule-2(c) of the Rules of 1996. Reliance was placed on the judgment rendered by this Court in the case of Smt. Pinki v. State of Rajasthan & Ors. (S.B.C.W. No. 9177/2010). Counsel further relied on judgments rendered by Chhattisgarh High Court and Allahabad High

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