Single Bench of Justice Indrajeet Singh of Rajasthan High Court, Jaipur Bench recently in a judgment given on 31.10.2022 held that the application of a daughter made for the appointment on the compassionate ground is liable to be considered and cannot be rejected merely on the ground that she has been married subsequent to the application so made. 

The Father of the petitioner Kshama Chaturvedi while working on the post of Senior Teacher (English) with the government died on 29.11.2008. She filed an application on 12.12.2008 for giving compassionate appointment under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996. After one year of the making of such an application, the petitioner got married on 01.12.2009 and for about four years matter remained pending and then the respondent declined to give an appointment to the petitioner on the compassionate ground under the Rules of 1996.

The petitioner filed a Writ Petitioner before the Rajasthan High Court under Article 22 of the Constitution of India. Adv. Sunil Samdaria appearing for the petitioner relied upon the judgment of Smt. Sonu Devi Vs. The State of Rajasthan & ORs. (S.B. Civil Writ Petition No. 9022/2014).

The only contention raised by Advocate for the Government Department S. Zakawat Ali, before the High Court was that now she is married, is not entitled to a compassionate appointment.

The Court finally directed the Department of Education, Government of Rajasthan to consider the case of the petitioner for giving her compassionate appointment under the rules.

Case Details:-

S.B. Civil Writ Petition No. 7366.2013

Kshama Chaturvedi    ...Petitioner

Vs. 

The State of Rajasthan & Ors.    ....Respondents

Read the Complete Judgment on the following Link:-

https://hcraj.nic.in/cishcraj-jp/pdfjs-dist/web/viewer.php?file=https://hcraj.nic.in/cishcraj-jp/storefiles/createordjud/205200073662013_8.pdf