Govind Mathur ORDER
Govind Mathur, J.
1. The Petitioner is daughter-in-law of late Shri Mohanlal who died on 24.5.2008 alongwith his son Shri Ratanlal (husband of the Petitioner) and daughter Kumari Seeta in a road mishap. The family of late Shri Mohanlal was survived by only female members and they are Smt. Suwa Devi (aged about 80 years, mother of deceased), Smt. Jimiya Devi (wife of the deceased and mother-in-law of the Petitioner aged about 53 years), Smt. Pinki (the Petitioner herself, aged about 25 2 years), Baby Krishna and Baby Rampyari (both daughters of the Petitioners aged 8 and 2 years respectively).
2. The Petitioner, considering herself a dependent of late Shri Mohanlal, who was working as Veterinary Assistant at the time of his death with the Respondents, applied through her mother-in-law for appointment on compassionate grounds, as per the Rajasthan Compassionate Appointment of Dependents of Deceased Government Service Rules, 1996 (hereinafter referred to as "the Rules of 1996"). The claim of the Petitioner has been rejected being not "Dependent" of the deceased government servant as defined under Rule 2(c) of the Rules of 1996. As per Rule 2(c) the term "Dependent" means, a spouse, son, unmarried and 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.
3. With the factual background above, the Petitioner by this petition for writ is demanding a direction for the Respondents to employ her in Class-IV service on compassionate grounds. The grounds to claim the relief are as under:
A. The father in law of the Petitioner was a low paid employee working as Veterinary 3 Assistant in the Respondent department, who has not left any thing for the survival of the family members and due to the untimely death of the earning male member(s) of the family and old age of the mother in law, the condition of the family of the deceased has become miserable, they are virtually hand to mouth, and the responsibility to feed the family of four (two aged members and two minor daughters) has come to the Petitioner. In these circumstances, the non-consideration of the case of the Petitioner for compassionate appointment is clear violation of the rules of 1996 for appointment on compassionate ground and the same is also violative of the provisions of the article 21 of the Constitution of India.
B. After the simultaneous death of father in law and husband of the Petitioner, the responsibility to feed the members of his family has fallen on the shoulders of the Petitioner. The widow grand mother in law and widow mother in law of the Petitioner are old ladies and can not work for earning. The Petitioner being the only dependent member of the deceased employee who is eligible and responsible to feed four generations of all female family members submitted application for compassionate appointment."
4. Per contra, the stand of the Respondents as narrated in reply to the writ petition is as follows:
So far as the Rules of 1996 are concerned, all appointments under these rules are made while the claimant comes within the category 4 of "Dependent" as defined in the said rules. As per rules Smt. Jimni Devi, widow of deceased Shri Mohan Lal Sirvi comes within the definition of "Dependent". In case of daughter, if she is unmarried then she also comes within the definition of the "Dependent". Smt. Jimni Devi widow of deceased Shri Mohan Lal Sirvi and Prem Sirvi, daughter of the deceased Shri Mohan Lal Sirvi have expressed their No. objection in case the Petitioner is appointed as dependent of deceased Shri Mohan Lal under the Rules of 1996. Thus, as per the provisions of the Rules of 1996, the Petitioner does not fall in the category of the ........