High CourtsSINGLE BENCH(2017) 09 RAJ CK 0013

Santosh Devi W/o Late Bhajan Das, vs State of Rajasthan

Rajasthan High Court · Decided on 6 September 2017

HON’BLE JUDGES
Dinesh Mehta
RESULT
Disposed
CASE NUMBER
10376 of 2017

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Judgment

31 paragraphs · 270 words
1.

By way of filing the present writ petition, the petitioner has

challenged the order dated 20.08.2016, whereby her application,

seeking compassionate appointment under the Rajasthan

Compassionate Appointment of Dependent of Deceased

Government Service Rules, 1996 (hereinafter referred to as "the

Rules of 1996") has been turned down by the respondents, as the

petitioner is the mother of the deceased employee, late Shri Vijay

Kumar.

2.

Mr. Shreekant Verma, learned counsel for the petitioner,

highlighted the petitioner''s predicament that the son of petitioner,

i.e., Vijay Kumar S/o late Bhajan Das, deceased employee has

expired and as such, the petitioner, his mother, is the only family

member, who can take care of remaining family members, as her

husband, Bhajan Das, has already expired.

3.

However, when reminded that the definition of dependents

as provided under the Rules of 1996 does not cover petitioner''s

case, learned counsel seeks permission to withdraw the present

writ petition, with the liberty to approach the respondents, who

have power to relax such eligibility condition in an appropriate

case.

4.

Permission to withdraw the present writ petition is granted.

Petitioner may file appropriate representation before the

competent authority within a period of one month from today, who

shall decide the same within two months thereafter.

5.

It is, however, made clear that this Court has permitted the

petitioner to file representation and corresponding direction to

decide the same, only with the view to expedite the redressal of

her grievance. The order instant may not be construed to be

mandate/direction to decide the representation of the petitioner, in

any particular manner.

6.

The writ petition is disposed of.