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KULDEEP MATHUR
Chandra Devi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. The facts in brief are that Mohan Singh was a Class-IV employee in the respondent-department. Shri Mohan Singh had two wives namely, Smt. Gowa Devi and Smt. Chandra Devi (petitioner No.1). Shri Jatin Singh (petitioner No.2) is son through second wife i.e. Smt. Chandra Devi. Shri Mohan Singh died while in service on 08.04.2002. Smt. Chandra Devi (petitioner No.1) filed an application seeking compassionate appointment as per the provisions of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The application was rejected vide order dated 07.06.2003, on the ground that she is not legally wedded wife of the deceased employee. The order dated 07.06.2003 was challenged by way of filing S.B. C.W. No.5019/2004 (Smt. Chandra Devi v. State of Rajasthan & Ors.) before Co-ordinate Bench of this Court. During pendency of the aforesaid writ petition, Smt. Chandra Devi (petitioner No.1) became overage. The writ petition was therefore, withdrawn with the liberty to pursue the matter for compassionate appointment qua the son i.e. Jatin Singh (Petitioner No.2). A representation dated 03.05.2017 was su
The denial of compassionate appointment to legitimate children born from a second marriage is unconstitutional and violates Article 14 of the Constitution.
The main legal point established is that the appointment of dependents for compassionate appointment must comply with the relevant rules and consider the overall interest and welfare of the family.
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
(1) Compassionate Appointment – Descent cannot be a ground for denying employment under scheme of compassionate appointments.(2) Compassionate Appointment – Appellant cannot be denied consideration u....
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
Child born from a void marriage is entitled to be considered for compassionate appointment.
Compassionate appointment -Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the f....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
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