Dismissed

Jodhpur Vidhyut Vitran Nigam, Ltd. Andanr v. Smt. Maya Saini

Rajasthan HC5 Sept 2018SAW/248/2013

Case brief

AI extract

What is this about?

Their Lordships challenged an order granting appointment on compassionate grounds to a divorced widow. The High Court doubted the factual basis regarding delayed application and family hardships, setting aside the impugned order and dismissing the writ petition.

What did the court decide?

The impugned order dated 02.11.2012 allowing appointment on compassionate basis is set aside and the writ petition is dismissed.

Jodhpur Vidhyut Vitran Nigam, Ltd. Andanr… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 248/2013

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Jodhpur Vidhyut Vitran Nigam, Ltd. (Jodhpur Discom) Jodhpur through its Secretary (Administration).

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The State of Rajasthan through Secretary to Government of Rajasthan, Department of Personnel (KH-I), Secretariat Jaipur.

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----Appellant

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Versus

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Smt. Maya Saini D/o Late Bhanwara Ram Saini aged about 31 years R/o Panditpur, Ward No.23, Ratangarh, District Churu (RAjasthan)

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----Respondent

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For Appellant(s)	: Mr. Ravi Bhansali Sr. Advocate along
	with Mr. Vipul Dharnia
For Respondent(s)	: Mr. JK Kaushik

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Judgement

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05/09/2018

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Heard learned counsel for the parties.

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Challenge is to an order dated 02.11.2012 allowing the writ petition filed by the respondent and issuing a direction to the appellants to give appointment on compassionate basis to the respondent.

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Admitted facts are that Late Bhanwara Ram Saini was working as an Assistant-I with the first appellant. He died in harness on 26.01.1996. He was survived by his widow, one son and three daughters, including the respondent. After death of Bhanwara Ram his son Budh Prakash moved an application

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(2 of 3)

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[SAW-248/2013]

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seeking appointment on compassionate ground. Unfortunately, when said application was being processed he died.

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Thereafter widow of Bhanwara Ram applied for appointment on compassionate grounds which came to be rejected. She filed an application praying that having adopted a son, he be granted appointment on compassionate basis. The same was rejected on the ground that the son was allegedly adopted after Bhanwara Ram died. Further, the person stated to be adopted as a son was actually the son-in-law of Bhanwara Ram.

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Thereafter, the respondent jumped into the fray pleading that she had since been divorced. It is relevant to note that the person from whom she claimed to have been divorced is the same son-in-law of family who was statedly adopted as a son.

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Her application for appointment on the compassionate basis being rejected, learned Single Judge has granted the relief holding that once a girl is divorced she has no option but to come and live with her parents. We have our serious doubts on this proposition of law stated by the learned Single Judge.

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Be that as it may, appointment may give on compassionate grounds as recognized by law but not as an alternative mode of appointment. It is granted because the family of the employee comes under sudden financial stress on the death of the employee. It is to remove hardship for the family. As noted above, Bhanwara Ram died on 26.01.1996 respondent claim to be granted appointment on compassionate basis surface only in the year 2006 when she claimed to have obtained a divorce. The family survived for 10 years.

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(3 of 3)

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[SAW-248/2013]

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8 Thus, the impugned order dated 02.11.2012 is set aside and writ petition filed by the respondent is dismissed.

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(Dr. PUSHPENDRA SINGH BHATI),J

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(PRADEEP NANDRAJOG),CJ

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Sudheer

Jodhpur Vidhyut Vitran Nigam, Ltd. Andanr v. Smt. Maya Saini

Case brief

What is this about?

What did the court decide?

Jodhpur Vidhyut Vitran Nigam, Ltd. Andanr v. Smt. Maya Saini

Case brief

What is this about?

What did the court decide?

What the court decided

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