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

7 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.