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Father's Protest Petition Against Daughter-In-Law For Abetting Son's Suicide Not Ground To Deny Her Compassionate Appointment: Rajasthan HC
Nupur Agrawal
25 Oct 2024 11:15 AM IST
While rejecting petition filed by the father of a deceased government employee, the Rajasthan High Court ruled that pendency of a protest petition against a negative police report in a case of abetment to suicide filed against the wife of the deceased was not a sufficient ground to deny her compassionate appointment.The bench of Justice Mahendar Kumar Goyal was hearing two petitions. First...
While rejecting petition filed by the father of a deceased government employee, the Rajasthan High Court ruled that pendency of a protest petition against a negative police report in a case of abetment to suicide filed against the wife of the deceased was not a sufficient ground to deny her compassionate appointment.
The bench of Justice Mahendar Kumar Goyal was hearing two petitions. First was filed by the father of a deceased government employee seeking disentitlement of his daughter-in-law for compassionate appointment after his son's death who was working as a government teacher.
It was the case of the father that his son was abetted to commit suicide by his daughter-in-law in relation to which he had also filed a case in which the police submitted a negative final report. A protest petition was filed by him against the negative final report which was pending. Hence, on account of pendency of criminal investigation, it was submitted that the daughter-in-law was not entitled for compassionate appointment.
The second petition was filed by the wife of the deceased seeking compassionate appointment since a negative final report was already filed by the police in the case lodged by her father-in-law finding the allegations to be false and merely based on suspicion.
The Court aligned with the submissions put forth by the counsel of the wife and held that mere pendency of a protest petition at the behest of the father-in-law did not operate as an impediment for grant of compassionate appointment.
The Court also referred to the case of Narbada v State of Rajasthan and Ors. in which the coordinate bench of the Rajasthan High Court was dealing with identical fact scenario and had reached the same decision.
Accordingly, the petition filed by the father of the deceased was dismissed and the Court directed the Government to extend compassionate appointment to the deceased's wife once she completed the required formalities.
Title: Lal Singh v State of Rajasthan & Ors.
Citation: 2024 LiveLaw (Raj) 318