Rajasthan High Court - Jodhpur
Radha Gadri vs State Of Rajasthan on 2 November, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 6142/2022
Radha Gadri D/o Late Shri Chunni Lal Gadri, W/o Shri Mangi Lal,
Aged About 27 Years, Resident Of Gadriyon Ki Bhagal, Nagarpura
Post Rundeda Tehsil Vallabhnagar District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Personnel, Secretariat, Jaipur.
2. The Director Elementary Education, Bikaner.
3. District Education Officer (Head Quarter), Elementary,
Udaipur.
4. Chief Block Education Officer, Panchayat Samiti Badgaon
District Udaipur.
----Respondents
For Petitioner(s) : Mr. Vinay Jain
Mr. Darshan Jain
For Respondent(s) : Ms. Bhawna Jangid, Dy. G.C.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
02/11/2022
The present writ petition has been filed by the married
daughter of the deceased Government Servant challenging the
definition of dependents provided in Rule 2(c) of Rajasthan
Compassionate Appointment of Dependents of Deceased
Government Servant Rules, 1996 (hereinafter referred to as,
'Rules of 1996') seeking compassionate appointment in the
Department.
Learned counsel for the petitioner submitted that petitioner's
father late Shri Chunni Lal Gadri was working on the post of Class-
IV employee in the respondent-department when while in service
(2 of 4) [CW-6142/2022]
he, unfortunately passed away on 11.08.2021. Learned counsel
further submitted that after the sad demise of the deceased
Government Servant an application was submitted by the
petitioner as per the provisions of the Rules of 1996 in prescribed
proforma seeking compassionate appointment along with a no
objection certificate of other dependents of the deceased
government servant. However, the Chief Block Education Officer,
Panchayat Samiti, Badgaon, Udaipur vide letter dated 25.10.2021
informed the petitioner that she being the married daughter of the
deceased employee is not eligible for compassionate appointment
under Rules of 1996. Reliance was placed on the judgment dated
13.09.2022 passed by a larger Bench of this Court in the Civil
Reference No.1/2022 (Priyanka Shrimali vs. State of
Rajasthan & Ors.).
Per contra, learned counsel for the respondents submitted
that the married daughter of the deceased government employee
is not covered by the definition of the dependents given under
Rule 2(c) of the Rules of 1996, therefore, the petitioner cannot be
held entitled for compassionate appointment in the respondent-
department. Reliance was placed on the judgment dated
30.09.2022 passed by the Hon'ble Apex Court in the Civil Appeal
No.6938/2022 (The State of Maharastra & Anr. Vs. Ms.
Madhuri Maruti Vidhate(Since after Marriage Smt. Madhuri
Santosh Koli).
Heard learned counsel for the parties and perused the
material available on record.
A larger Bench of this Court was pleased to consider the
following question on a reference by the Division Bench of this
Court:-
(3 of 4) [CW-6142/2022]
"Whether the provisions of Rule 2(c) of the Rajasthan
Compassionate Appointment of Dependents of Deceased
Government Servant Rules, 1996, which excludes the married
daughter from the definition of 'dependent', prior to its
amendment vide Notification dated 28/10/2021, is discriminatory
and violative of Articles 14 & 16 of the Constitution of India? In
case the provision is discriminatory etc., the consequence thereof."
The larger Bench vide its order dated 13.09.2022 in the Civil
Reference No.1/2022 (Priyanka Shrimali vs. State of
Rajasthan & Ors.) was pleased to answer the question referred
to it in the following terms:-
"The provision of Rule 2(c) of the Rules of
1996,which excludes the married daughter from definition
of dependent prior to its amendment vide notification
dated 28.10.2021, is discriminatory and violative of
Articles 14 to 16 of the Constitution of India and as such,
the word 'unmarried' from the definition of 'dependent', is
struck down. Further, in Rule 5 of the Rules of 1996 also
the word unmarried daughters/adopted unmarried
daughter, shall be read as daughters/adopted daughter.
The judgment in the case of Sumer Kanwar
(supra)and all other judgments, which have followed the
judgment in the case of Sumer Kanwar (supra),upholding
the denial of compassionate appointment to married
daughter, are overruled.
As a consequence, it is directed that on account of
striking down of the word 'unmarried' from the definition-
(i) the same shall not effect any case, wherein
compassionate appointment has already been granted
under the provisions as they stood before this order;
(ii)the same by itself would not provide a cause of action
to any applicant and would apply to cases which are
either pending before the competent authority and/or to
the cases where litigation is pending on the date of this
order only; (iii) the provisions and other requirements of
the definition regarding the applicant being wholly
dependent on the deceased government servant at the
time of his/her death would be scrupulously applied; (iv)
all the parameters as laid down by Hon'ble Supreme Court
for grant of compassionate appointment, shall also be
(4 of 4) [CW-6142/2022]
scrupulously followed and that (v) all other provisions of
the Rules except the inclusion of the 'married daughter'
in the definition of 'dependent', shall have full application.
The matters be now placed before the Division
Bench for appropriate orders."
The judgment of Hon'ble Apex Court in case The State of
Maharastra & Anr. Vs. Ms. Madhuri Maruti Vidhate(Since
after Marriage Smt. Madhuri Santosh Koli) (supra) cited by
the learned counsel for the respondents is not applicable in the
present case as the application seeking compassionate
appointment in the aforesaid case was made almost after seven
years of the death of the deceased government servant and in
those peculiar facts, the Hon'ble Apex Court held that
compassionate appointment cannot be granted after a number of
years have passed from the death of the deceased Government
Employee.
In view of the aforesaid discussion, the present writ petition
is disposed of directing the respondent-department to reconsider
the petitioner's application seeking compassionate appointment in
accordance with rules in vogue, by treating her to be entitled for
consideration as a dependent of the deceased Government
Servant.
The entire exercise in the terms of the order passed by this
Court in the case of Priyanka Shrimali (supra) shall be
completed within a period of two months from the date of this
order.
No order as to costs.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
59-KshamaD/-
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