Smt. Pooja vs The Chief /Principal Forest ...
2022 Latest Caselaw 3447 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 95/2022

Smt. Pooja W/o Shri Nem Singh, D/o Late Shri Gaje Singh, Aged About 31 Years, Resident Of Kacchi Basti, Geeta Ashram, Jaisalmer, District Jaisalmer

----Appellant Versus

1. The Chief /principal Forest Conservator (Hoff), Department Of Forest, Secretariat, Jaipur

2. The Chief /principal Forest Conservator And Chief Secretary Wild Life Protection, Department Of Forest, Secretariat, Jaipur

3. The Chief Forest Conservator Wild Life, Department Of Forest, Jodhpur

4. The Deputy Forest Conservator Wild Life, Department Of Forest, Jaisalmer

----Respondents

For Appellant(s) : Mr. Rajesh Choudhary For Respondent(s) : ---

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Order

05/03/2022

This appeal arises out of the judgment of the learned Single

Judge dated 09.09.2019 dismissing the petition of the appellant-

petitioner. She is a married sister of the deceased Government

servant. She had applied for compassionate appointment which

was denied. Her petition was dismissed on the ground that she

was not covered under the definition of the term 'Dependant' as

provided in Rule 2(c) of the Rajasthan Compassionate

(2 of 2) [SAW-95/2022]

Appointment of Dependants of Deceased Government Servants

Rules, 1996.

We do not find any error in the view of the learned Single

Judge. The appellant not having challenged the vires of the Rules,

the Rule as it stood at the relevant time shall have to be applied

which clearly does not include a married sister of the deceased

Government servant as a dependant.

Under the circumstances, the appeal is dismissed. This would

not preclude the appellant from filing a fresh petition challenging

the Rule itself, if so advised.

(REKHA BORANA),J (AKIL KURESHI),CJ 1-jayesh/-

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