Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 2243 (RAJ)

Mahendra Singh Choudhary v. State of Rajasthan

2011-10-18

GOPAL KRISHAN VYAS

body2011
Hon'ble VYAS, J.— In this writ petition, the petitioner has prayed for direction to the respondents to provide appointment on compassionate ground with effect from the date of application, which is 2.2.2004 with all consequential benefits. 2. As per facts of the case, the petitioner's father late Devilal Jat first married with petitioner's mother, out of that wedlock, the petitioner was born; but, in the year 1982, the petitioner's mother died. Thereafter, the petitioner's father Devilal Jat married with a widow Smt. Jamnabai Choudhary in the year 1987 and as such Smt. Jamna Bai Choudhary was step-mother of the petitioner and petitioner was living with his father and step-mother Smt. Jamna Bai Choudhary. 3. Case of the petitioner is that his step-mother Smt. Jamnabai Choudhary was working as Class IV employee in Government Girls Secondary School, Dhan Mandi, Udaipur and she died while in service on 1.1.2004. Therefore, the petitioner applied for appointment on compassionate ground on 9.2.2004 in the office of the respondents being dependent son of late Smt. Jamnabai. The amounts of state insurance and gratuity etc. were paid to the petitioner because the petitioner obtained succession certificate issued by the competent Court in his favour. 4. Vide communication dated 10.6.2004 (Annex. 3) certain information regarding service details of the petitioners mother Smt. Jamnabai were obtained and, in pursuance of that, detailed reply was filed by the petitioner, in which, the petitioner stated that his step-mothers first husband died in the year 1965, however, she had no issue out of her previous wedlock; and, thereafter, Smt. Jamnabai married with his father in the year 1987 and the petitioner is the only son and legal heir of late Smt. Jamnabai. 5. Contention of the petitioner is that he has been declared successor of late Smt. Jamnabai who died while in government service, so also, as per the Pension Rules the step son is also entitled for pensionary benefits, therefore, the respondents are under obligation to treat the petitioner as dependent of late Smt. Jamnabai because Smt. Jamnabai was his step-mother and he was solely dependent upon her after 1987 till her death. However, the respondents are not considering the candidature of the petitioner for appointment on compassionate ground which is totally illegal, therefore, it is prayed that the respondents may be directed to provide appointment to the petitioner on compassionate ground being dependent son of late Smt. Jamnabai forthwith. However, the respondents are not considering the candidature of the petitioner for appointment on compassionate ground which is totally illegal, therefore, it is prayed that the respondents may be directed to provide appointment to the petitioner on compassionate ground being dependent son of late Smt. Jamnabai forthwith. 6. Per contra, counsel appearing on behalf of the respondents submits that as per definition of the "dependent" in the Rules of 1996, there is no provision for providing appointment to the step son of the deceased government employee, therefore, the petitioner's case does not fall under definition clause 2 (c) wherein "dependent" is defined. Therefore, the petitioner is not entitled for compassionate appointment. 7. After hearing learned counsel for the parties, I have perused the Rules of 1996; more specifically Rule 2(c) and Rule 13 whereby there is provision for removal of difficulties. Rule 13 of the said rules reads as follows: "13. Removal of doubts-If any doubt arises relating to the application, interpretation and scope of these Rules, it shall be referred to the Government in the Department of Personnel (A-II) whose decision thereon shall be final." 8. Upon perusal of above Rule 13 I am of the opinion that in the peculiar facts of this case the claim of the petitioner is required to be considered by the Department of Personnel (A-II) because the petitioner is step son of the deceased government employee Smt. Jamnabai and he is claiming right for appointment on compassionate ground being dependent son of late Jamnabai who was working under the respondents. 9. For the reasons mentioned above, this writ petition is disposed of with direction to the respondent to forward the case of the petitioner as per Rule 13 of the Rules of 1996 within a period of 15 days from the date of receiving certified copy of this order to the Department of Personnel (A-II), Government of Rajasthan, Jaipur. Upon receiving the said matter, Secretary, Department of Personnel shall consider and give final decision while taking into consideration Rule 55 of Rajasthan Civil Services (Pension) Rules, 1996 and Section 15(1)(a) & (b) of Hindu Succession Act for the purpose of treating petitioner as son of late Smt. Jamnabai, step-mother of the petitioner within a period of two months from the date of receiving the reference. 10. 10. It is made clear that after consideration, if the petitioner is found to be dependent son of the deceased government employee, then, appointment may be provided to the petitioner without further delay; and, in the event of deciding the matter against the petitioner, the petitioner shall be at liberty to challenge the said decision. 11. No order as to costs.