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2002 DIGILAW 1760 (RAJ)

Kumari Anita Sharma v. State of Rajasthan

2002-10-25

SHIV KUMAR SHARMA

body2002
JUDGMENT 1. - By this writ petition under Article 226 of the Constitution, the petitioner has sought appointment on compassionate ground. 2. As per facts pleaded in the writ petition, the father of the petitioner late Kalu Lal was Chowkidar in the office of Assistant Commissioner, Devesthan Department Kota, who died on October 2, 1996 while in Govt. Service. Kalu Lal's first wife was Smt, Shakuntala, who died after giving birth to the petitioner. Kalu Lal then entered into second marriage with Smt. Kamlesh, who gave birth to Rohit (respondent no.4) Smt. Kamlesh also died on November 25, 1996 leaving behind her minor son Rohit. In order to seek appointment on compassionate ground, the petitioner submitted an application in the prescribed proforma under the Rajasthan Recruitment of Dependents of Government Servant Dying while in Service Rules, 1975 read with the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (in short Compassionate Appointment Rules). When appointment was not given to her, she has approached this Court. 3. The respondents in their return submitted that the petitioner and Rohit were the dependents of late Kalu Lal. Rohit is minor and is presently living with his maternal uncle Rajesh. As the petitioner has neither submitted the consent of Rohit, nor filed undertaking for looking after her minor brother, therefore, in view of Rule 10(2) of the Compassionate Appointment Rules, looking to the welfare of Rohit the petitioner was not given appointment. The respondents further averred that the guardian of Rohit served a legal notice on the respondents that the petitioner is not entitled to employment because she was going to marry on May 2, 2001. Rohit also claimed employment on compassionate ground by keeping post reserved till he attains the age of majority. 4. On May 22, 2002, this Court directed the petitioner to show by filing affidavit as to how she would look after her minor brother. On July 12, 2002, the petitioner submitted affidavit and stated on oath that she is ready to look after her minor step brother till her marriage and thereafter, petitioner is ready to pay some amount from her salary, as directed by Hon'ble Court or in alternate, a fixed amount may be paid by her to Rohit out of the salary, till he attains majority. 5. I have heard rival submissions and perused the material on record. 6. 5. I have heard rival submissions and perused the material on record. 6. It would be useful at this juncture to refer to sub-Rule (2) of Rule 10 of the compassionate appointment rules which provided thus : "Where the deceased Government servant is not survived by a spouse the application shall be made by one of the dependants of the deceased Government servant and other dependants shall have to give their consent for his/her candidature. Provided that if more than one of the dependants seek employment, the Head of Department shall select one, keeping in view the overall interest and welfare of the entire family, particularly the minor members." (Underlining is mine) 7. It is unfortunate that in the family of late Kalu Lal, only survivors are the petitioner and her step brother Rohit who is minor. After the death of bread-earner, the family has been suffering hardship and to enable the family to tide over the sudden crisis, it is necessary to grant compassionate appointment to one of the dependants of the deceased Kalu Lal but at the same time, it is also required to keep in view of the overall interest and welfare of the entire family, particularly the minor member. 8. After having considered the peculiar facts and circumstances of this case and keeping in view the overall interest of the surviving members of the family of late Kalu Lal, I dispose of the writ petition in the following terms : (i) Respondents No. 1 to 3 shall provide appointment to the petitioner in accordance with the Compassionate Appointment Rules forthwith. (ii) The petitioner shall make monthly deposit of Rs. 1000/- (One thousand) in the Savings Bank Account of Rohit (Respondent No.4) out of the salary received by her. The amount shall continuously be deposited till Rohit attains the age of majority. The said account shall be got opened by the petitioner herself. In change circumstances, Rohit shall be at liberty to approach this Court for enhancement of the amount. (iii) Condition of depositing Rs. 1000/- per month in the Saving Bank Account of Rohit shall be incorporated in the appointment letter. The appointment of the petitioner shall be conditional and it can be revoked in the event of non fulfillment of the condition by the petitioner. (iv) Respondents No.1 to 3 shall ensure compliance of this order within sixty days from today. 1000/- per month in the Saving Bank Account of Rohit shall be incorporated in the appointment letter. The appointment of the petitioner shall be conditional and it can be revoked in the event of non fulfillment of the condition by the petitioner. (iv) Respondents No.1 to 3 shall ensure compliance of this order within sixty days from today. (v) There shall be no order as costs. 9. The writ petition stands disposed of.Order accordingly. *******