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Judgment
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.
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.
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.
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.
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.
The writ petition is disposed of.
