Allowed

Deepika Sharma v. State and Ors.

Rajasthan HC8 Oct 2018CW/4497/2018

Case brief

AI extract

What is this about?

The Writ Bench allowed a petition by a divorced daughter for compassionate appointment regarding her deceased father's death. The court quashed the rejection order, relying on precedent that divorced daughters are eligible dependents, and directed the respondents to consider her case.

What did the court decide?

Quashed and set aside; respondents directed to consider the petitioner's case for compassionate appointment within one month if conditions are fulfilled.

Deepika Sharma Vs State and Ors. — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 4497/2018

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Deepika Sharma D/o Late Shri Surendra Kumar Sharma, By Caste Brahmin, R/o Ward No. 38, Gandhi Nagar, Near Indian Oil Depot, Hanumangarh, Tehsil And District Hanumangarh.

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----Petitioner

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Versus

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State Of Rajasthan Through Joint Secretary, Home Department Group-7, Govt. Of Rajasthan, Jaipur.

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Assistant Secretary, Govt. Of Rajasthan, Home Department Group-7, Rajasthan, Jaipur.

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Director General, Home Department, Group-7, Rajasthan, Jaipur.

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Senior Staff Officer, Home Department, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. I.R. Choudhary. For Respondent(s) : Ms. Sweta Bora for Mr. Anil Bissa, AGC.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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08/10/2018

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This writ petition has been filed by the petitioner aggrieved against the order dated 9.3.2017 (Annex.5), whereby, the case of the petitioner for grant of compassionate appointment has been rejected on the ground that in the definition of dependents in Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (‘the Rules of 1996), a divorced daughter was not included.

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It is, inter alia, indicated in the writ petition that the petitioner is the only daughter of Late Sh. Surendra Kumar Sharma and has no brother / sister, her father died while in

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(2 of 3)

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[CW-4497/2018]

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service on 16.6.2016, the petitioner had married one Vinit Modgil, however, the said marriage was dissolved by the Family Court, Hanumangarh, by its judgment and decree dated 15.12.2015 (Annex.2).

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It is submitted that the petitioner applied for grant of compassionate appointment on account of death of her father, however, the said application was rejected by the impugned order dated 9.3.2017 (Annex.6). Whereafter, by letter dated 1.5.2017 (Annex.7), again communication was sent by the Deputy Commandant Home Guard Rajasthan Jaipur to the Joint Secretary seeking reconsideration / relaxation, however, the same was also rejected by order dated 20.9.2017 (Annex.9).

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It is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is no more res integra as this Court in Ms. Indira Bishnoi v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.14502/2015 , decided on 3.8.2016, inter alia, came to the conclusion that there is no rational in treating a daughter differently only because of the term ‘divorced’. The terms ‘unmarried’, ‘widow’ ‘divorced’ are only nomenclature added to the term ‘daughter’ and if such a daughter is ready to work and support the family, who is facing financial distress on account of death of the government servant, there can be no valid ground for not including her as a dependent, which judgment was upheld in State of Rajasthan & Ors. v. Ms. Indira Bishnoi : D.B. Special Appeal Writ No.166/2017 , decided on 24.3.2017.

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Reliance has also been placed on judgment in Rekha Joshi v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13472/2016 , decided on 15.1.2018, wherein also, similarly situated divorced daughter was ordered to be granted compassionate appointment.

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(3 of 3)

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[CW-4497/2018]

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Learned counsel for the respondents could not dispute the law in this regard laid down by this Court in the case of Ms. Indira Bishnoi (supra) and that the issue raised in the present writ petition is similar to the case of Ms. Indira Bishnoi (supra).

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In view of the above, the writ petition filed by the petitioner is allowed. The order dated 9.3.2017 (Annex.6) and communication dated 20.9.2017 (Annex.9) are quashed and set aside. The respondents are directed to consider the case of the petitioner for grant of compassionate appointment, if all other conditions are fulfilled by her, within a period of one month from the date of receipt of certified copy of this order.

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(ARUN BHANSALI),J

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sumit-203

Deepika Sharma v. State and Ors.

Case brief

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Deepika Sharma v. State and Ors.

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