Smt. Ram Pyari Devi W/O Late Shri Ram Gopal Nath Vs State of Rajasthan

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[2026:RJ-JP:3269]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5722/2022

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Smt. Ram Pyari Devi W/o Late Shri Ram Gopal Nath, Aged About 52 Years, R/o Village, Gulgoan, P.o. Lamba Harisingh, Tehsil Maalpura, District Tonk, Rajasthan.

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Smt. Shimla Devi D/o Late Shri Ram Gopal Nath, Aged About 32 Years, R/o Village, Gulgoan, P.o. Lamba Harisingh, Tehsil Maalpura, District Tonk, Rajasthan.

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----Petitioners

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Versus

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1. State Of Rajasthan, Through Principal Secretary, Panchayati Raj Department, Government Secretariat, Jaipur, Rajasthan.

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1. Chief Executive Officer, Zila Parishad, Tonk, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr.	C.P. Sharma
For Respondent(s)	: Mr.	Abhishek Paliwal for
	Mr.	DheerajTripathi,AGC

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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21/01/2026

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Instant writ petition is preferred with following prayer: “a) by an appropriate writ, orders or directions, in

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the nature thereof, the impugned order dated 04.12.2017 (Annexure-3) may kindly be declared illegal and set aside and thereafter, respondents department be directed to allow the compassionate appointment to petitioner no. 2 in place of her father Late Shri Ram Gopal Nath.”

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Learned counsel for the petitioners, while placing reliance upon the judgment dated 13.09.2022 in Civil Reference No. 1/2022 (Priyanka Shrimali vs. State of Rajasthan

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and others) , decided by a Full Bench, submitted that pursuant to a reference made to a Larger Bench regarding interpretation of definition of “daughter” under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as “the Rules of 1996”), the Full Bench has held that a married daughter is also included in the definition of dependent under the said Rules. He further submitted that in the present case, after the death of Ram Gopal Nath on 07.02.2015, petitioner No. 2 submitted an application seeking compassionate appointment in place of her father, however, the same was rejected. Learned counsel further placed reliance upon the judgment in the case of Smt. Shobha Devi vs. Jodhpur Vidyut Vitran Nigam Limited and others, SB CWP No. 11993/2017, decided on 12.01.2022 by a Coordinate Bench at Principal Seat, Jodhpur, and submitted that a married daughter is also entitled to compassionate appointment.

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He further submitted that the petitioners be granted liberty to submit a fresh representation in light of the aforesaid judgments to the respondents, and the respondents be directed to consider the same strictly in accordance with the law laid down in aforementioned cases.

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Learned counsel appearing on behalf of the respondents candidly admitted that the judgment in the case of Priyanka Shrimali (supra) has been implemented by the Government of Rajasthan. However, he submitted that the case of the present petitioner No. 2 is required to be

(3 of 4)

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examined on the principle of dependency. He further submitted that the petitioner may submit a representation, which shall be examined by the department in accordance with law.

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Heard Learned counsel for the parties and perused entire material placed on record.

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Having taken note of the submissions and the material available on record, the petitioners are granted a liberty to submit a representation to the respondents. The respondents shall examine the said representation in light of the judgments in the cases of Priyanka Shrimali (supra) and Shobha Devi (supra) . The respondents shall be at liberty to consider and decide the issue of dependency in accordance with the Rules of 1996 and the law laid down in aforementioned cases.

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Considered the grievance raised herein, the petitioners are given a liberty to submit a representation to the respondents-Authority within a period of 60 days raising all grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid down in case of Priyanka Shrimali (supra) and Shobha Devi (supra), but in case of deviation with a reasoned and speaking order within a period of 60 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation.

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(4 of 4)

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

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /147

Smt. Ram Pyari Devi W/O Late Shri Ram Gopal Nath v. State of Rajasthan

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Smt. Ram Pyari Devi W/O Late Shri Ram Gopal Nath v. State of Rajasthan

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