JUDGMENT :

(Pushpendra Singh Bhati, J.) :

1. By way of this Special Appeal, the writ petitioner-appellant has challenged the order dated 28.09.2022 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.624/2018 (Smt. Durga Devi Vs. State of Rajasthan & Ors.) whereby the writ petition filed by the writ petitioner-appellant was dismissed.

2. In the eventful factual background of the case, as revealed from the record, it is indispensable and essential to present the fascicule and prefatory introduction of the circumstances surrounding the issue in question, being faced by the family of the writ petitioner/appellant and the like, in the given factual situation.

3. Death is an inevitable circumstance of every human life, which extinguishes the life-spark of every person at a given point of time, and spiritually thus, it is called as “Ultimate Wish of the Almighty’. But the problem arises as soon as the death occurs untimely, that is to say in a particular given situation, when there is only one person who earns for the whole family and that ‘only’ dies, thereby, it becomes quite difficult for his/her dependents to survive, especially, for the middle-class family, and the lower class, in particular.

4. At every walk of life, more particularly, till a person starts earning of his/her own and the like situation, he/she has an earning member(s) in his/her family, whether father or mother, or both, and the like, to fulfill all the needs and demands – whether basic or luxury – in the best possible manner, but the consequences, of there being no such earning member(s) in the family, are not beyond anyone’s imagination.

5. Though it is an admitted and inevitable fact that the death is a major human tragedy, but it is a trauma to be lived with by those left behind as dependents of a person (who died in harness), more particularly, leaving behind no amount of adequate property and source of income for his/her dependents, at least, to provide immediate succour to the family under bereavement to meet the sudden financial crisis occurred on count of death of the sole bread earner of the family.

6. In the present times, when the cost of living is ever escalating, we must remember that though the compassionate appointment is not a hereditary/vested right, but in the just and warranting circumstances, compassionate appointment to any of the eligible dependents of a deceased government servant (who died in harness) is not just a favour from the State, but rather it is a means to meet the financial hardship being faced by the whole family, on count of death/untimely death of the sole bread winner.

7. In the modern times to deal with such an unfortunate and inevitable eventuality and to provide impetus to the means of livelihood to the families, whose sole bread winner dies in harness, Rules have been framed by the State Governments across the country. In the State of Rajasthan, the Rules so promulgated for the said purpose, are known as ‘Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996’ (hereinafter referred to as ‘Rules of 1996’). Rule 2(c) of the said Rules stood amended by notification dated 28.10.2021 vide the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants (Amendment) Rules, 2021.

8. Now adverting to the facts of the case, as placed before this Court by learned counsel for the writ petitioner/appellant, Smt. Gawari Devi was a Class IV employee in the respondent-Department and was having two sons i.e. Shankar and Basant. The present appellant got married with one of the sons of Smt. Gawari Devi i.e. Basant. The tragedy struck the family and the elder son of Smt. Gawari Devi namely Shankar expired on 17.11.2006. The husband of the appellant namely Basant also expired on 26.08.2007.

8.1 After both the sons of Smt. Gawari Devi expired, the dependence of the whole family fell upon Smt. Gawari Devi alone, but as the law of nature always prevails,