Smt. Santosh vs State Of Rajasthan
2021 Latest Caselaw 18577 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3412/2021 Smt. Santosh D/o Late Sh. Rameshwar Lal Swami, Aged About 39 Years, R/o Behind Bus Stand, Salasar Road, Sujangarh District Churu.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Secondary Education, Govt. Of Rajasthan, Jaipur.

2. The Director, Secondary Education, Rajasthan, Bikaner.

3. Deputy Director, Secondary Education, Churu (Raj.).

4. District Education Officer, Secondary Education Churu (Raj.).

----Respondents

For Petitioner(s) : Mr. R.S. Mankad.

For Respondent(s)            :


        HON'BLE MR. JUSTICE ARUN BHANSALI
                       Order
07/12/2021

This writ petition has been filed by the petitioner aggrieved

against the order dated 02.07.2012 (Annex.3), whereby, the

application filed by the petitioner seeking compassionate

appointment has been rejected inter alia on the ground that the

petitioner being married daughter doesn't fall within the definition

of dependent under the Rules of 1996.

The petitioner on account of death of her father -

Rameshwar Lal, filed application for grant of compassionate

appointment. By order dated 02.07.2012 (Annex.3), the

application was rejected indicating that the petitioner was not

entitled.

It appears that after passing of the order dated 02.07.2012,

no steps were taken by the petitioner to question the validity of

the said order and a notice dated 27.11.2020 (Annex.5) was got

(2 of 2) [CW-3412/2021]

issued from the counsel seeking to question the validity of the

order dated 02.07.2012.

Learned counsel for the petitioner relying on Rajasthan

Compassionate Appointment of Dependents of Deceased

Government Servants (Amendment) Rules, 2021, made

submissions that the definition of dependent stands amended,

wherein, now the married daughter has been included in the

definition of dependent and, therefore, the petitioner may be

permitted to make a representation to the respondents in this

regard.

In normal circumstances, the said prayer would have been

granted by the Court, however, looking to the fact that the

impugned order was passed way back on 02.07.2012 and petition

has been filed on 18.2.2021 i.e. after 8½ years and it is well

settled by various judgments of Hon'ble Supreme Court that grant

of compassionate appointment is not an alternative mode of

employment and is essentially meant for family members of a

deceased government servant to tide over the situation created on

account of death of government employee.

As the petition has waited for over nine years in approaching

the Court to question the validity of the order dated 02.07.2012,

no case for grant of relief even as prayed by the petitioner, is

made out.

There is no substance in the writ petition. The same is,

therefore, dismissed.

(ARUN BHANSALI),J

49-Sumit/-

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