While deciding a writ petition, the Jaipur Bench of the Rajasthan High Court held that a married woman was entitled to claim compassionate appointment upon the death of her father because she had applied for compassionate appointment while she was still single.
The case named Kshama Chaturvedi v, State of Rajasthan and ors. (2022 LiveLaw (Raj) 252) as held by The single bench of Justice Inderjeet Singh
FACTS OF THE CASE
The petitioner stated that her late father was a senior English teacher for the Government of Rajasthan and worked for the Department of Education till his death on November 29, 2008. The petitioner, who was single at the time, applied for a compassionate appointment under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996, on 12 12 2008, just days after her father passed away. One year after filing the petition, the couple exchanged wedding vows.
The petitioner also claimed that the matter was languishing for four years before the respondents finally decided not to grant her a compassionate appointment. Petitioner was dissatisfied with the decision and filed a case with the High Court requesting that the court issue a writ directing the respondents to appoint her to a suitable post and quashing and setting aside the impugned judgment of the respondents denying her compassionate appointment.
Petitioner relied on the ruling in Sonu Devi v. State of Rajasthan and Others, S.B. Civil Writ Petition No. 9022 of 2014, to claim that she was eligible for a compassionate appointment because she was the unmarried daughter of the government worker who passed away.
On the other side, the respondents claimed that the petitioner was not eligible to file because she was already married. Unfortunately, you do not qualify for a compassionate appointment.
JUDGEMENT AND ORDER
The single bench of Justice Inderjeet Singh, after hearing the parties, allowed the writ petition and passed an order directing the respondent authorities to consider the petitioner for compassionate appointment along with consequential benefits within a period of three months.
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Judgement reviewed by Deepa Bajaj.