Rajasthan High Court - Jodhpur
Sharda Moond vs State Of Rajasthan (2025:Rj-Jd:18529) on 15 April, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:18529]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17787/2023
Sharda Moond W/o Late Shri Vikas Kumar, Aged About 29 Years,
R/o Chak 5 Arw, Chotiyon Ki Dhani, Tehsil And District
Hanumangarh And Presently Residing At Chak 1 Swm,
Sanjarwala, Tehsil Khajuwala, District Bikaner (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Public Health
Engineering Department, Secretariat, Jaipur (Raj.)
2. The Superintending Engineer, Public Health Engineering
Department, Division Hanumangarh (Raj.).
3. Executive Engineer, Public Health Engineering
Department, Division Hanumangarh (Raj.).
4. Assistant Engineer, Public Health Engineering
Department, Division Hanumangarh (Raj.).
----Respondents
Connected With
S.B. Civil Writ Petition No. 3701/2020
Guddi Devi W/o Late Maniram, Aged About 50 Years, Ward
No.10, Chak 5 Arw (Chotiyawali Dhani), Post Panditanwali,
Pilibanga, District Hanumangarh (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Public Health
And Engineering Department, Govt. Of Rajasthan, Jaipur.
2. Executive Engineer, Public Health And Engineering
Department, Division Hanumangarh, District
Hanumangarh.
3. Sharda D/o Dharmpal W/o Late Vikas Kumar, By Caste
Jat, Resident Of Sanjarwala, Tehsil Khajuwala, District
Bikaner.
----Respondents
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[2025:RJ-JD:18529] (2 of 5) [CW-17787/2023]
For Petitioner(s) : Mr. Himmat Jagga
Mr. Jaidev Singh Bhati
For Respondent(s) : Mr. P.S. Chundawat
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
15/04/2025
1. S.B. Civil Writ Petition No.17787/2023 has been filed with
the following prayers:-
"(i) by an appropriate writ, order or direction, the
respondents may kindly be directed to appoint the
petitioner on the post of Lower Division Clerk on
compassionate ground under the Rules of 1996;
(ii) by an appropriate writ, order or direction, the
respondents may kindly be directed to release the
retiral cum death benefits of employee such as
Gratuity, Leave Encashment, amount of GPF and
State Insurance in favour of the petitioner;
(iii) any other appropriate order or direction, which
this Hon'ble Court considers just and proper in the
facts and circumstances of this case, may kindly be
passed in favour of the petitioner;
(iv) Costs of the writ petition may kindly be awarded
to the petitioner."
2. The facts are that husband of the petitioner Sharda Moond
who was working as a Helper with the respondent-Public Works &
Engineering Department expired on 10.10.2019. The petitioner
therefore applied for compassionate appointment on the post of
Junior Assistant (Lower Division Clerk) and annexed all the
relevant documents along with the said application.
3. However, as the consent of other family members of the
deceased was not furnished along with the application, vide letter
[2025:RJ-JD:18529] (3 of 5) [CW-17787/2023]
dated 11.08.2021 (Annex.9), the petitioner was called upon to
furnish the same. Further, vide communication dated 12.07.2022,
the petitioner was called upon to furnish the affidavit of her
mother in law. However, said documents were not furnished and
therefore the application as filed on behalf of the petitioner was
not processed further.
4. Aggrieved of the same, present writ petition has been filed.
5. S.B. Civil Writ Petition No.3701/2020 has been filed on behalf
of Guddi Devi - mother of the deceased with a prayer that
respondent No.3 - Sharda (petitioner in Civil Writ Petition
No.17787/2023) not be granted compassionate appointment
without her consent.
6. Counsel appearing for the petitioner -Guddi Devi in Writ
Petition No.3701/2020, at the very inception, submits that Guddi
Devi has no objection if her daughter in law Sharda Moond is
granted compassionate appointment subject to the condition that
she undertakes to maintain her also.
7. Responding to the above submission, counsel for the
petitioner Sharda Moond submits that she is ready to maintain
Guddi Devi - mother of the deceased too, if she is granted the
compassionate appointment.
8. Heard the counsels.
9. Rule 5(2) of Rajasthan Compassionate Appointment Of
Dependents of Deceased Government Servants Rules, 1996
provides as under:-
"(2) Appointment under these rules shall be given on
the condition that the person appointed on
compassionate ground shall maintain properly the
other family members who were dependent on the
[2025:RJ-JD:18529] (4 of 5) [CW-17787/2023]
deceased Government servant and on furnishing an
undertaking in writing that he/she shall maintain
properly the other family members who were
dependent on the deceased Government servant. If
subsequently, at any time, it is proved that such
dependent family members are being neglected or are
not being maintained properly by him, the
appointment may be terminated by the Appointing
Authority after providing an opportunity to the
compassionate appointee by way of issue of show
cause notice asking him to explain why his services
should not be terminated."
10. In view of the above provision, even otherwise the person
appointed on compassionate ground is under an obligation to
maintain the other dependents of the deceased Government
servant and is under an obligation to file an undertaking in writing
to the said effect. The provision also takes care of the situation if
the undertaking is not complied with.
11. In view of the above provision of law and in view of the
specific submissions made by both the counsels, both the petitions
are disposed of with the following directions:-
(i) Guddi Devi i.e. mother of the deceased shall in writing
furnish her consent/no objection to the respondent authorities for
grant of compassionate appointment to Sharda Moond i.e. wife of
the deceased, within a period of 10 days from now.
(ii) Sharda Moond shall file a written undertaking before the
respondent-authorities to the effect that if she is granted
compassionate appointment, she would deposit 25% of her salary
(whatsoever) per month, in the bank account of Guddi Devi -
mother of the deceased. The undertaking be also filed within a
period of 10 days from now.
(iii) If both, the consent letter and the undertaking are forwarded
to the respondent-authorities within a period of 10 days, the
[2025:RJ-JD:18529] (5 of 5) [CW-17787/2023]
respondent-authorities shall be under an obligation to act upon
the application of Sharda Moond for grant of compassionate
appointment and if she is otherwise found entitled, pass
appropriate orders within a period of four weeks thereafter.
12. Stay petitions and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
227-228/praveen/-
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