Nidhi Vyas vs State Of Rajasthan
2022 Latest Caselaw 11708 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14104/2019

Nidhi Vyas D/o Late Devendra Nath Vyas, Aged About 42 Years, R/o Near Hanuman Temple, A Type, 72/2, Rajpura, Dariba Mines, Dariba, Tehsil Relmagra, District Rajsamand.

----Petitioner Versus

1. State Of Rajasthan, Through Department Of Secondary Education, Secretariat, Rajasthan, Jaipur.

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

3. District Education Officer (Secondary), Rajsamand.

----Respondents

For Petitioner(s) : Mr. Vivek Siddh, for Mr. Deelip Kawadia.

For Respondent(s) : Mr. Sarvan Kumar, AGC.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/09/2022

The petitioner has preferred this writ petition assailing the

order dated 25.06.2019 (Annex.-3) whereby the petitioner was

impeded from joining her duties unless she submitted an affidavit

about her marital status as on the date of appointment.

The facts of the case are that the petitioner applied for

compassionate appointment on 16.05.2012 as an 'unmarried

daughter' of deceased Government servant. While the application

seeking compassionate appointment was pending, the petitioner

solemnized marriage on 18.05.2013. The respondents vide office

order dated 25.06.2019 extended appointment on compassionate

(2 of 2) [CW-14104/2019]

grounds to the petitioner. However, the petitioner was not allowed

to join duties as the petitioner had married during the pendency of

the application seeking compassionate appointment. On

25.09.2019, while issuing notice upon the respondents, this Court

directed the respondents to permit the petitioner to join in the

respondent-department.

The controversy involved in the present case is no longer res

integra. A larger Bench of this Court in Civil Reference

No.1/2022 (Priyanka Shrimali Vs. State of Rajasthan &

Ors) has read down the provision of Rule 5 of the Rules of 1996

and held that word 'unmarried daughters/adopted unmarried

daughter' shall be read as 'daughters/adopted daughter'.

In view of aforesaid judgment enunciated by this Court, the

present writ petition is allowed and respondents are directed to

continue the petitioner in service pursuant to the order of

appointment dated 25.06.2019 along with all consequential

benefits.

Stay order passed by this Court is made absolute and the

application stands disposed of accordingly.

No order as to costs.

(KULDEEP MATHUR),J 43-Prashant/-

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