Amrita Bharadwaj Daughter of Sh. Rajendra Kumar Malviya, Adopted Daughter of Smt. Sarojlata Malviya Vs Ajmer Vidyut Vitran Nigam Ltd. — Rajasthan HC (2025) — LawSathi Research

Amrita Bharadwaj Daughter of Sh. Rajendra Kumar Malviya, Adopted Daughter of Smt. Sarojlata Malviya Vs Ajmer Vidyut Vitran Nigam Ltd. — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with pending application(s): liberty to petitioner to file a representation within four weeks raising all grounds; respondent-Authority to decide it in light of the Division Bench ratio in Smt. Durga Vs. State of Rajasthan by reasoned and speaking order within 30 days and communicate it; liberty to file a fresh petition if aggrieved.

Issue for consideration

Whether the petitioner, adopted daughter of the deceased Smt. Sarojlata Malviya, is entitled to compassionate appointment under the respondent AVVNL notwithstanding the communication dated 11.07.2025.

Court's answer

On consideration of the submissions and record, the Court found it appropriate to dispose of the writ petition with liberty to the petitioner to file a representation to the respondent, who may decide it in accordance with the ratio laid down by the Division Bench at Principal Seat, Jodhpur in Smt. Durga Vs. State of Rajasthan (supra); the Court did not decide the claim for compassionate appointment on merits.

Ratio / Principle

The petitioner was granted liberty to submit a representation to the respondent-Authority within four weeks raising all grounds, and the respondent-Authority was directed to decide the representation in light of the referred Division Bench judgment by a reasoned and speaking order within 30 days from receipt, communicating the order to the petitioner.

Key takeaways

If still aggrieved after the Authority's order, the petitioner retains liberty to approach the Court with a fresh petition.ratio¶20

Detailed headnote1 paragraphs

Compassionate appointment — adopted daughter of deceased employee seeks appointment under Ajmer Vidyut Vitran Nigam Ltd. (AVVNL) challenging communication dated 11.07.2025 — writ petition (S.B. Civil Writ Petition No. 13016/2025) not decided on merits — Ashok Kumar Jain, J. disposed of the petition with liberty to the petitioner to file a representation within four weeks raising all grounds — respondent-Authority directed to decide the representation in light of the ratio laid down by the Division Bench at Principal Seat, Jodhpur in Smt. Durga Vs. State of Rajasthan, D.B. Special Appeal Writ No.1119/2022 (decided 02.01.2024), by a reasoned and speaking order within 30 days from receipt, and to communicate the order — petitioner at liberty to approach the Court afresh if aggrieved.

[2025:RJ-JP:42881]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 13016/2025

Amrita Bharadwaj Daughter Of Sh. Rajendra Kumar Malviya, Adopted Daughter Of Smt. Sarojlata Malviya, Aged About 36 Years, Resident Of Plot No. 47, Shiv Shakti Colony, Shiv Nagar, Fai Sagar Road, Ajmer (Raj.)

----Petitioner

Versus

Ajmer Vidyut Vitran Nigam Ltd., Having Its Registered Office At Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer305004 Through Its Secretary (Administration).

----Respondent

For Petitioner(s) : Mr. Kartar Singh For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/10/2025

Instant writ petition is preferred by petitioner with following prayer:

It is therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to accept and allow this writ petition; and further be pleased declare the communication dated 11.07.2025 (Annx-2) as illegal, and further be pleased to direct the respondent AVVNL to grant compassionate appointment to the petitioner in place of her deceased adoptive mother on any suitable post according to the qualifications of the petitioner.

Learned counsel for petitioner while placing reliance upon judgment dated 02.01.2024 in D.B. Special Appeal Writ No.1119/2022 titled as Smt. Durga Vs. State of

[2025:RJ-JP:42881]

[CW-13016/2025]

Rajasthan and Ors. and submits that the controversy raised herein is no more res-integra and same is settled from the judgment passed by Hon’ble Division Bench at Principal Seat, Jodhpur.

Having considered submissions of learned counsel for petitioner and on perusal of material placed on record, it is appropriate to dispose of the writ petition with liberty to petitioner to file a representation to the respondent, who is at liberty to decide in accordance with ratio laid down by the Division Bench of this Court at Principal Seat, Jodhpur in case of Durga Vs. State of Rajasthan (Supra).

Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondentAuthority within a period of four weeks raising all grounds and the respondent-Authority is directed to decide the representation in light of judgement as referred hereinabove with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondent is under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she has a liberty to approach this Court with fresh petition.

With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J

PREETI VALECHA /22