Rajasthan High Court - Jodhpur
Radha Jakhar vs State Of Rajasthan on 23 September, 2022
Bench: Manindra Mohan Shrivastava, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 11497/2021
Radha Jakhar D/o Late Motilal Jakhar, Aged About 22 Years,
Indra Giri Ashram, Ward No.5, Sujangarh, District Churu (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Cooperative Department, Government Secretariat, Jaipur,
Rajasthan.
2. The Registrar, Cooperative Societies, Rajasthan, Jaipur.
3. The Managing Director, The Churu Central Cooperative
Bank Ltd., Churu.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh Choudhary
Mr. Umashankar Dhakar
Mr. Pradeep Singh Chouhan
For Respondent(s) : Mr. Sudhir Tak, AAG with
Mr. Saransh Vij
HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MS. JUSTICE REKHA BORANA
Order
23/09/2022
Heard.
At the outset, learned counsel for the petitioner would
submit that in view of the order passed by the Full Bench of this
Court in Civil Reference No. 01/2022 (Priyanka Shrimali Vs. State
of Rajasthan and Anr.) and batch of cases, the writ petitioner is
entitled to be considered for compassionate appointment as the
rule impugned has been declared ultra vires. He would submit that
as his petition remained pending on the date when the judgment
(2 of 3) [CW-11497/2021]
was delivered on 13.09.2022, in view of the observations made in
the said judgment, the petitioner is also entitled for consideration.
Learned counsel for the respondents could not substantially
dispute the legal position arising from the judgment of Full Bench
of this Court in the case referred to above.
In the concluding portion of the judgment of Full Bench, it
has been held as below:-
"As a consequence, it is directed that on account of
stricking 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 scrupulously
followed and that (v) all other provisions of the Rules
except the inclusion of the word 'married daughter' in
the definition of 'dependent', shall have full application."
It is thus clear that the petitioner is also entitled to be
considered in the light of the aforesaid observations made in the
Full Bench Judgment and the circular dated 07.07.2017 is held
inoperative in law to the extent it is inconsistent with the order
passed by the Full Bench.
The respondents are directed to examine the case of the
petitioner for compassionate appointment in terms of legal
position as enumerated above and take a decision within a period
of three months from the date of receipt of copy of this order.
(3 of 3) [CW-11497/2021]
With the above observation and direction, the petition is
disposed off.
(REKHA BORANA),J (MANINDRA MOHAN SHRIVASTAVA), ACJ
60-Jayesh/-
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