Back
RAJENDRA PRAKASH SONI, PUSHPENDRA SINGH BHATI
Durga Devi Mairda, W/o. Late Shri Basant – Appellant
Versus
State Of Rajasthan – Respondent
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
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 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 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.
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 established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
Compassionate appointment is an exception to the general rule and must adhere to the prevailing norms and eligibility criteria as per the policy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
