This court dismissed a writ petition seeking compassionate appointment for the daughter of a deceased government servant. The petition was rejected because the deceased's first wife was already employed with the state, and no evidence of divorce was produced.
No relief granted. Writ petition and stay petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8705/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/08/2022
The present petition has been filed with a prayer for grant of compassionate appointment. The petitioners are daughter and the second wife of the deceased government Servant. An application for compassionate appointment was moved by petitioner no.1, the daughter of the deceased for compassionate appointment.
The said application was rejected on the ground that Smt. Edna Mehar, the first wife of the deceased government servant is already employed with the state government.
(2 of 3)
[CW-8705/2021]
Counsel for the petitioners submitted that the first wife of the deceased employee had been living separately from him since last 11 years and therefore, her husband had executed a will in her favour for grant of all the service benefits to her.
Counsel submitted that therefore, the petitioner no. 1 (daughter) is legally entitled for compassionate appointment in terms of the rules of the Rajasthan Compassionate Appointment of Dependents of deceased Government Servants Rules, 1996 (for short, ‘rules of 1996’).
Heard learned counsel for the petitioners and perused the material available on record.
Rule 5 (1) of the rules of 1996 provides as under:
“(1) When a Government servant dies while in service one of his/her dependents may be considered for appointment in Government service subject to the condition that employment under these rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the Central/any State Government or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government servant or at the time of appointment of the dependent.
Provided that this condition shall not apply where the widow seeks employment for herself.”
A perusal of the above provision makes it clear that if the spouse of the deceased government servant is already employed on regular basis under the government, his/her dependent can not be considered for appointment in government service.
Admittedly, Smt. Edna Mehar, admittedly, the first wife of the deceased is regularly employed.
(3 of 3)
[CW-8705/2021]
Secondly, neither any document pertaining to the divorce of the deceased from his first wife nor any document showing the petitioner no. 2 to be his legally wedded wife has been placed on record.
Moreover, the application for compassionate appointment has been moved by petitioner no. 1, the alleged daughter of the deceased which also is in contravention to Rule 10 (1) of Rules of 1996 which provides that the surviving spouse shall apply for appointment for self or for any other dependent.
In view of the above observations, the rejection of the application of the petitioner no.2 being in terms of law cannot be interfered with and therefore, the present writ petition is dismissed.
Stay petition also stands dismissed.
(REKHA BORANA),J
266-Sachin/-
2 issues framed by the court
Whether compassionate appointment can be granted to the daughter of a deceased government servant when the first wife is already employed with the state government.
Whether the application for compassionate appointment was filed by the surviving spouse as required by the Rules.
2 provisions across 1 enactments
Ayesha Mehar
Meena Punjabi
State of Rajasthan
Rekha Borana
As recorded by the court registry
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