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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. PUSHpendra Singh Bhati, MR. RAJENDRA PRAKASH SONI, JJ
Smt. Durga Devi Mairda – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Spl. Appl. Writ No. 1119/2022 | S.B. Civil Writ Petition No.624/2018
Certainly. Here are the key points from the legal document:
The term “dependent” under the Rajasthan Compassionate Appointment Rules has been interpreted to include “widowed daughter-in-law,” emphasizing a purposive approach to prevent undue hardship in cases of bereavement within families lacking a breadwinner (!) (!) (!) (!) .
The Rules of 1996, particularly Rule 2(c), define dependents broadly to include spouse, son, unmarried or widowed daughter, adopted son, adopted unmarried daughter, and certain other family members who were wholly dependent on the deceased at the time of death (!) .
The exclusion of widowed daughter-in-law from the definition of dependent is not explicit in the original Rules but has been subject to judicial interpretation, with courts favoring an inclusive, purposive reading that considers social realities and the role of widowed daughters-in-law in families (!) (!) (!) .
The legislative intent behind the Rules and their amendments indicates an intent to provide relief to families in distress, including widowed daughters-in-law, especially when they are the sole or primary dependents after the death of the breadwinner (!) (!) (!) .
The interpretation of “dependent” should be flexible and inclusive, considering the social and familial context, to serve the purpose of providing immediate support to families suffering from the loss of the primary breadwinner (!) (!) [p
| Table of Content |
|---|
| 1. compassionate appointment necessity (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. rajasthan rules for compassionate appointment (Para 7) |
| 3. applicability of precedents in compassionate cases (Para 10) |
| 4. widowed daughter-in-law as dependent (Para 18 , 19 , 20 , 24 , 25) |
| 5. ruling in favor of appointment (Para 29 , 30) |
Judgment
Reportable
02/01/2024
Per Dr. 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. Bas
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