Widowed Daughter-In-Law Who Is A Dependent Is Eligible For Compassionate Appointment: Rajasthan High Court

Facts in brief

The mother-in-law of the petitioner was appointed on the post of a ‘Coolie’ in the Respondent Department. However, she died while working in harness with the said department. Immediately thereafter, an application for compassionate appointment was filed by petitioner’s husband i.e. deceased’s son. But soon after, the petitioner’s husband also died leaving the petitioner widowed with a responsibility of looking after herself and three minor children.

Being an uneducated lady, the petitioner made an application for compassionate appointment to Executive Engineer, Highway Division, Ajmer as per Rajasthan Compassionate Appointment of Dependents of Deceased Government Rules, 1996. However, the petitioner was declined the compassionate appointment as a ‘daughter-in-law’ did not fall within the ambit of the term ‘dependent’ as provided in the Rules.

As a consequence, the Petitioner challenged the legality of the rejection letter stating that the action of the respondents was contrary to the spirit of compassionate appointments.

The counsel for petitioner submitted that the petitioner as well as her whole entire family including minor children were solely dependent upon petitioner’s mother-in-law for survival. The term ‘dependent’ in the Rules holistically include all individuals who were financially dependent upon deceased Government Servant for their survival.

The counsel for respondent per contra submitted that the ‘daughter-in-law’ of the deceased Government Servant does not fall within the definition of a ‘dependent’ as envisaged in the Rules. Furthermore, the respondents are statutory authorities who are bound to function within the parameters of the statue.

The Single Bench relied upon the judgment of Rajasthan High Court in Smt. Pinki v. The State of Rajasthan & Ors. (2012) cited by the petitioner in which it was held as:

“while interpreting Rule 2(c) of the Rules of 1996, we must interpret a ‘widowed daughter’, who is expressly included in the mandate of the said Rule, to mean a ‘widowed daughter-in-law’ as well…as per the customs of the Indian Society, a daughter-in- law is also supposed to be treated as a daughter as she is an integral member of the family who possess all the honour and responsibilities of the household.”

Therefore, Justice Sameer Jain allowed the prayer for compassionate appointment with all consequential benefits. The writ petition was hence allowed.

Case Title: Sushila Devi v. State Of Rajasthan Through Its Secretary Department Of Public Works P.w.d., State Secretariat, Jaipur & Anr.

For Petitioner(s): Mr. Sunil Samdaria with Ms. Isha Belani

For Respondent(s): Mr. Rohit Choudhary, Dy.G.C. with OIC Mr. Vedprakash Sharma, Ex.En. NH, District Ajmer

Citation: 2023 LiveLaw (Raj) 1 

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