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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANAND SHARMA
Sunita Parcha W/o Shri Mangesh Parcha – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. Looking to the nature of relief sought in the writ petition with regard to compassionate appointment and with the consent of counsel for both the parties, the matter was heard finally at the admission stage.
2. Brief facts of the instant case are that petitioner filed the instant writ petition stating therein that she performed marriage with one Shri Mangesh Parcha on 22.11.2009. After marriage, she has been living with her in-laws. Her mother-in-law Smt. Sohani Devi was the sole bread earner in the family, who was serving as Safai Karmi in the office of respondent-Municipal Corporation. She was holding substantive post in the respondent-Municipal Corporation. Father-in-law of the petitioner had already expired and her mother-in-law, who was having only source of earning in the entire family, also unfortunately expired on 31.01.2023. Her husband is an unemployed person and is having no source of income.
3. It has been stated in the memo of writ petition by the petitioner that on account of sudden death of late Smt. Sohani Devi (mother-in-law) of the petitioner, the entire family went under deep financial crisis and they were striving hard for maintaining the family. Henc
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 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 held that a widowed daughter-in-law is entitled to compassionate appointment as she is an integral part of the family, challenging the exclusion as discriminatory under Articles 14, 15, and....
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 cannot be granted if a dependent of the deceased government servant is already employed, as per Rule 5 of the Rajasthan Compassionate Appointment Rules.
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