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REKHA BORANA
Ankit Gaur S/o Shri Birdi Chand Gaur – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present writ petition has been filed against the order dated 30.05.2016 whereby an application of the petitioner for compassionate appointment has been rejected. The reason for rejection is that the brother of the deceased employee does not fall within the definition of ‘dependent’ as defined under Section 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as ‘the Rules of 1996’).
2. The case of the petitioner is that his brother Dr. Nitesh Gaur met with an accident and unfortunately, expired. The family comprises of his mother, father and the present petitioner being the younger brother of the deceased employee. The deceased was not married and hence his parents as well as his younger brother were totally dependent on the deceased employee. It has further been submitted that the mother of the deceased is suffering from cancer and the present petitioner, that is, his younger brother, is an unemployed student. Therefore, there being no bread earner in the family after the death of the employee, the petitioner, who was totally dependent on the deceased employee at the time of his death and be
It is clear that the main object behind the Rules of 1996 is to consider the dependency of the deceased employee, to take care of the dependents of the deceased employee and to save them from financi....
The specific provisions of Rule 2(c)(v) of the Rajasthan Compassion Appointment of Dependants of Deceased Government Servants Rules, 1996, regarding the definition of 'dependant' and entitlement to c....
Employment and Service matter - Grant of compassionate appointment - Rejection of claim for compassionate appointment to a person who was directly dependant upon earnings of deceased employee would b....
Compassionate appointments are aimed at immediate relief; however, delays of over 20 years invalidate claims, as the immediate crisis loses its significance.
Compassionate appointments must consider the employment status of dependents at the time of the deceased's death, not subsequent changes.
The main legal point established in the judgment is the interpretation of the term 'dependent' under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Rules, 1996 to includ....
The central legal point established in the judgment is that the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 does not disqualify a married daughter from seeking ....
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