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2018 DIGILAW 1001 (RAJ)

Dinesh Khatik v. State of Rajasthan

2018-04-12

PUSHPENDRA SINGH BHATI

body2018
JUDGMENT 1. These writ petitions under Articles 226 of the Constitution of India have been preferred, claiming, in sum and substance, the following reliefs:- "1. That impugned order dated 16.08.2016 may kindly be quashed and set aside and the respondents may kindly be directed to consider the case of the petitoner for appointment on compassionate ground and accordingly he may be provided appointment on suitable post considering her qualification, with all consequential benefits. 2. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner." 2. Brief facts of this case, as noticed by this Court, are that the present petitioners, namely, Dinesh Khatik and Smt. Kanku Devi are son and daughter-in-law respectively, of Late Shri Ram Sukh Khatik, who both are making their rival claims, in their respective writ petition, for appointment on compassionate ground. 3. It is an admitted position that the father / father-in-law of the petitioners, Late Shri Ram Sukh Khatik, while working on the post of Beldar with the respondent-Department, expired on 28.04.2014. 4. At the first instance, the application seeking compassionate appointment was moved by Shri Shankar Lal Khatik, who was his elder son of Late Shri Ram Sukh Khatik, but the same was rejected on the ground that Shri Shankar Lal Khatik was having more than two children. Thereafter, the application for the compassionate appointment, was made by the husband of petitioner-Smt.Kanku Devi, namely, Shri Ratan Lal Khatik, one of the sons of Late Shri Ram Sukh Khatik; but Shri Ratan Lal Khatik also expired, and therefore, Smt. Kanku Devi led her claim over such compassionate appointment. Smt.Kanku Devi's claim has been led, in view of the fact that she is the daughter-in-law of the deceased government servant, having two minor children, and was thus, one of the dependants of her father-in-law, the deceased government servant. The claim of petitioner-Dinesh Khatik was led by his mother, who along with all other family members, was seeking compassionate appointment in place of his father. 4.1. Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 defines the term "dependent". The claim of petitioner-Dinesh Khatik was led by his mother, who along with all other family members, was seeking compassionate appointment in place of his father. 4.1. Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 defines the term "dependent". As per the said definition, 'dependent means a spouse, son, unmarried or widowed daughter, adopted son/adopted unmarried daughter, legally adopted by the deceased Government servant during his/her life time and who were wholly dependant on the deceased Government servant at the time of his/her death. 5. Admittedly, the daughter-in-law does not fall within the definition of 'dependent', as aforesaid. 6. At this stage, the learned counsel for petitioner-Dinesh Khatik, on instructions of the Court, has spoken to his client, regarding providing the minimum compensation to the minor children of the deceased brother. 7. Learned counsel for petitioner-Dinesh Khatik submits that petitioner-Dinesh Khatik agrees to pay a sum of Rs. 2,00,000/- each to both the minor children of Late Shri Ratan Lal Khatik, by making a fixed deposit of Rs. 2,00,000/- in the Nationalized Bank, in the name of each of the minor children of his brother, namely, Late Shri Ratan Lal Khatik. The documents pertaining to such fixed deposit shall be handed over in the presence of the respondents within a period of six months from the date of joining the service on compassionate ground by petitioner-Dinesh Khatik. 8. Learned counsel for the respondents does not oppose the grant of compassionate appointment to petitioner-Dinesh Khatik, the son of the deceased government servant, on the aforementioned condition. 9. Thus, without going into the adjudication of the issue raised in the present writ petitions on merits, this Court disposes of these writ petitions with a final direction to the respondents to give appointment to petitioner-Dinesh Khatik, the son of the deceased government servant, within a period of two months from today, as per his own eligibility. The respondents shall take an undertaking, while giving such appointment to petitioner-Dinesh Khatik that he shall provide a fixed deposit to the tune of Rs.2,00,000/- (Rupees Two Lacs only) each to the two minor children of his deceased brother, namely, Ratan Lal Khatik, within a period of six months from the date of joining. The respondents shall take an undertaking, while giving such appointment to petitioner-Dinesh Khatik that he shall provide a fixed deposit to the tune of Rs.2,00,000/- (Rupees Two Lacs only) each to the two minor children of his deceased brother, namely, Ratan Lal Khatik, within a period of six months from the date of joining. It shall be the duty of the respondents to take appropriate measures to enforce rendering of the said amount promised by petitioner-Dinesh Khatik to be paid to the minor children of his real brother, Late Shri Ratan Lal Khatik. It is made clear that the fixed deposit, so made, shall be encashed by the children on their attaining the age of majority. However, the interest on the amount kept in the fixed deposit shall be available for maintenance to the mother (Smt. Kanku Devi w/o Late Shri Ratan Lal Khatik). If any urgent requirement pertaining to education of the two minor children, or any other reasonable cause arises, then the mother (Smt. Kanku Devi) or her children shall be free to move an application before this Court, which shall be considered on its own merit, if so required.