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SAMEER JAIN
Sushila Dev – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. By way of the present writ petition, the petitioner has challenged the order dated 19.03.2009, whereby the petitioner was declined compassionate appointment by Respondent No.2. Furthermore, the petitioner has sought direction(s) to the respondents for considering her application for compassionate appointment.
2. The facts of the case, as stated by the petitioner, are that the mother-in-law of the petitioner was appointed on the post of a ’Coolie’ in the Respondent-Department. However, on 15.07.2007, she died while working in harness with the said department. Immediately thereafter, within a period of 8 days, an application for compassionate appointment was filed by the petitioner’s husband i.e. deceased’s son, on 23.07.2007. Accordingly, respondent No.2 forwarded the said application for compassionate appointment to Superintendent Engineer, Jaipur for his due consideration. But unfortunately, the petitioner’s husband-Sh. Sawar Lal also died on 14.03.2008; leaving the petitioner widowed, with a responsibility of looking after herself as well as her three minor children. Therefore, being an uneducated lady, with no alternative source of employment, the petitioner made an ap
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....
Compassionate appointment is an exception to the general rule and must adhere to the prevailing norms and eligibility criteria as per the policy.
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 court ruled that 'daughter-in-law' qualifies as a dependent under the Rajasthan Compassionate Appointment Rules, emphasizing purposive interpretation to achieve legislative intent.
Compassionate appointments must consider the employment status of dependents at the time of the deceased's death, not subsequent changes.
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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