IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
State of Rajasthan and Ors.
S. B . CIVIL WRIT PETITION NO.6716/2010
Date of Order :: 25.2.2011 PRESENT
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. Muktesh Maheshwari, for the petitioner. Mr. I.S. Pareek, Addl. Government Counsel. ....
BY THE COURT :
By this petition for writ, the petitioner is claiming appointment on compassionate grounds, being widow of Late Shri Krishna Kanhaiya Gehlot who died on 5.1.2010, while in service of the respondents.
The factual matrix of the case is that after death of first wife, Shri Krishna Kanhaiya Gehlot married to the present petitioner in the year 2003. Shri Krishna Kanhaiya Gehlot while working with the Department of Civil Defence in the capacity of Fireman died on 5.1.2010. An application was submitted by the 2
petitioner on 19.2.2010 claiming appointment on compassionate grounds, as per the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (for short 'the Rules of 1996' hereinafter).
The Controller (Collector), Civil Defence, Jodhpur vide letter dated 25.3.2010 instructed the petitioner to submit an application in the prescribed format, supported by an affidavit, as required under the Rules of 1996. Subsequently, the Deputy Controller, Civil Defence, Jodhpur demanded a succession / dependency certificate from the petitioner to get her case considered for appointment on compassionate grounds. Being aggrieved by the same, this petition for writ is preferred. The submission of learned counsel for the petitioner is that under the Rules of 1996, the first right to claim appointment on compassionate grounds is available to the spouse of deceased Government servant and other dependents may be considered for appointment only if, the surviving spouse recommends for that, as such, there was no need to instruct the petitioner to submit any succession / dependency certificate. A reply to the writ petition has been filed on behalf of the respondents with assertion that one Shri Bhawani Shankar son of Late Shri Krishna Kanhaiya Gehlot, through his counsel served a 3
notice for demand of justice upon the Controller (Collector), Civil Defence, Jodhpur stating therein that Shri Krishna Kanhaiya Gehlot was not keeping good relations with Smt. Raju Devi (the present petitioner) and therefore, nothing was left by him for Smt. Raju Devi under his Will. Shri Bhawani Shankar under the notice also objected for grant of appointment to Smt. Raju Devi under the Rules of 1996 by disputing the factum of marriage, thus, looking to the dispute existing amongst the family members succession certificate from the petitioner was demanded. It is also asserted that an application was also submitted by Smt. Khushbu D/o Late Shri Krishna Kanhaiya Gehlot claiming appointment on compassionate grounds as per Rules of 1996, being dependent of Late Shri Krishna Kanhaiya Gehlot.
Heard learned counsel for the parties.
The respondents in the entire reply to the writ petition nowhere disputed status of the petitioner as widow of Late Shri Krishna Kanhaiya Gehlot. However, in the notice for demand of justice (Annex.-R/2) submitted to the Controller (Collector), Civil Defence, Jodhpur given on behalf of Shri Bhawani Shankar, it is stated that Smt. Raju Devi was just living with Shri Krishna Kanhaiya Gehlot without entering into wedlock. 4
Under the Rules of 1996, the term "Dependants means a spouse, son, unmarried or widowed daughter, adopted son, adopted unmarried daughter legally adopted by the deceased Government servant during his/her life time and who were wholly dependent on the deceased Government servant at the time of his/her death."
As per Rule 5, on death of a Government servant while in service one of his/her dependent may be considered for appointment in Government service, subject to certain the conditions, but those are not applicable where the widow seeks employment for herself. As per Rule 10 of the Rules of 1996, the right to claim appointment is given to surviving spouse for himself / herself or even for any other dependent. A dependent other than spouse can claim appointment at their own under the Rules of 1996 only if the deceased Government servant left no survived spouse.
The scheme of the Rules clearly establishes that the first right to claim appointment under the Rules of 1996 rests with survived spouse of the deceased Government servant, thus, the petitioner if is widow of Shri Krishna Kanhaiya Gehlot, is certainly having first right to claim appointment on compassionate grounds under the Rules of 1996. The respondents, therefore, after determining the status of the petitioner as surviving spouse 5
of the deceased Government servant are required to act as per the Rules of 1996, without demanding any succession / dependency certificate. No other dependent can claim for appointment under the Rules of 1996, if, the surviving spouse herself is claiming for appointment.
Looking to the facts stated above and also the legal position taken into consideration, this petition for writ deserves to be disposed of by directing the respondents to first determine the fact relating to status of the petitioner as widow of Late Shri Krishna Kanhaiya Gehlot and if, she is found widow of the deceased Government servant, her claim be considered for appointment under the Rules of 1996 by giving preference to her vis-a-vis other dependents. For the purpose, the petitioner is directed to submit an application as per the Rules of 1996 to the respondents within a period of two months from today and then the respondents are directed to consider and decide the same as per the Rules of 1996 within a period of three months thereafter. No order as to costs.
( GOVIND MATHUR ),J.