- (1.) INSTANT writ petition has been filed by the petitioner for quashing order dated 21.09.2010 (Annex.-7) passed by respondent No.1 whereby the respondent No.1 rejected the case of the petitioner for providing appointment on compassionate ground for the reason that unmarried sister is not included in the definition of "dependent" in the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules 1996 and further prayed that the respondents may be directed to provide appointment on compassionate ground because the petitioner is unmarried sister of deceased government servant late Kanti Prasad Pandit who was working as Junior Judicial Assistant in the High Court and died while in service on 28.06.2010.
(2.) LEARNED counsel for the petitioner submits that the petitioner's father late Daulal Pandit (Harijan) died and, thereafter, petitioner along with two other sisters was living with their widow mother and brother late Kanti Prasad Pandit who was working as Junior Judicial Assistant in the Copying Section of the Rajasthan High Court. The whole family was dependent upon late Kanti Prasad Pandit, therefore, after his death the petitioner being unmarried sister of late Kanti Prasad Pandit preferred an application for providing appointment on compassionate ground but the respondent Rajasthan High Court rejected the application of the petitioner for providing appointment on compassionate ground. According to learned counsel for the petitioner, the Division Bench of this Court in the case of Herald Hamilton Vs. State of Rajasthan, reported in 1988 (1) RLW 142, interpreted the definition of "family", in which, it is held that definition of "family" is flexible, therefore, in the event of death of brother or sister, application can be considered for providing appointment under the rules on compassionate ground if it is found that the family members were dependent upon the government employee.
(3.) IN this case, the petitioner being unmarried younger sister and dependent upon late Kanti Prasad Pandit is very much entitled to get appointment on compassionate ground because in our country after the death of the father only protection is available for the unmarried girls to live with her brother or mother and they are required to be treated as dependent upon the brother and/or mother and the brother is required to treat the younger unmarried sister as daughter to perform the duty of protection of the life of the unmarried sister. Therefore, the rejection of the petitioner's candidature is totally illegal, therefore, prayer is made that communication impugned may be quashed and respondents may be directed to provide appointment to the petitioner being unmarried sister of late Kanti Prasad Pandit upon any post available in the High Court in the cadre of Class IV employee.;