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MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
State of Rajasthan – Appellant
Versus
Sushila Devi W/o Shri Sawarlal – Respondent
ORDER :
1. Heard.
2. This intra-court appeal is directed against the order dated 19.12.2022 passed by learned Single Judge, whereby the writ petition filed by the respondent seeking compassionate appointment has been allowed.
3. The facts necessary for adjudication of the controversy involved in this Special Appeal are that the mother-in-law of the respondent, who was working on the post of ‘Coolie’ in the Respondent-Department died on 15.07.2007. Immediately thereafter, within a period of 8 days, an application for compassionate appointment was made by the son (husband of the writ petitioner) on 23.07.2007. While the application of the son of the deceased employee was under process for grant of compassionate appointment, having been forwarded by respondent No. 2 to Superintendent Engineer, Jaipur, an unfortunate incident took place when the son/applicant Sawar Lal (husband of the writ petitioner) also died on 14.03.2008. He left behind the writ petitioner, his widow and three minor children in lurch, who were fully dependent on the deceased employee. She made an application for grant of compassionate appointment on 03.03.2009 as provided under the Rajasthan Compassionate Appointment
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 main legal point established in the judgment is that the term 'widowed daughter' includes 'widowed daughter-in-law' as a 'dependent' under Rule 2(c) of the Rajasthan Compassionate Appointment of ....
The exclusion of the married daughter from the definition of 'dependent' under the Rules of 1996 was discriminatory and violative of constitutional provisions. The purpose of compassionate appointmen....
The court ruled that 'daughter-in-law' qualifies as a dependent under the Rajasthan Compassionate Appointment Rules, emphasizing purposive interpretation to achieve legislative intent.
The exclusion of married daughters from the definition of 'dependent' in Rule 2(c) of the Rules of 1996 was discriminatory and violative of Articles 14 to 16 of the Constitution of India.
Marriage does not bring about a severance of relationship between a father and mother and their son or between parents and their daughter. Marriage cannot be regarded as a justifiable ground to defin....
Compassionate appointment is an exception to the general rule and must adhere to the prevailing norms and eligibility criteria as per the policy.
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