PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this writ petition with the following prayer:- "1. The impugned letter/communication dated 28.03.2017 passed by the respondent No. 2 may kindly be quashed and set aside. 2. The respondent authorities may kindly be directed to give appointment to the humble petitioner on compassionate ground after the death of father of the humble petitioner. 3. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 4. Writ petition of the petitioner may kindly be allowed with costs.."
(2.) Reply filed by the respondent is taken on record.
(3.) Learned counsel for the parties agree that the matter is squarely covered by the judgment passed by a coordinate Bench of this Court in Ms. Indira Bishnoi v. The State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 14502/2015), decided on 03.08.2016. The relevant portion of this judgment, reads as under:- "6. The only question that requires consideration is whether a divorced daughter would be entitled for appointment on compassionate ground or not? 7. Undisputedly, rule 2(c) of the Rules of 1996, defines the term "Dependent" which means a spouse, son, unmarried or widow daughter (adopted son/adopted daughter/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. Rule 2(c) recognised a widow daughter as dependent. A divorced daughter is a person who has left her matrimonial home, whatever may be the reason and returns to her parental home. Dependant as defined in the Oxford dictionary defines dependent as "a person who relies upon another family member for support" whereas Cambridge dictionary defines dependent as "someone who depends on you for financial support, such as a child or family member who does work'. It is the financial status that has to be taken into account . 8. The Legislature in its wisdom recognised the fact that a widow daughter would have no means of support, if she was maintained by her husband's family and would be back in her parental home. Whereas a divorced daughter, on the other hand, is on a worse footing than a widow daughter. A divorced daughter would have no source of income to maintain herself and would then on returning to her parental home be on the same footing as of unmarried daughter. If the law permits a widow daughter to be considered as a dependant of the deceased and entitled to seek compassionate appointment, there seems to be no justification in disallowing a divorced daughter who is dependant upon the deceased Government Servant for being considered for compassionate appointment. 9. Appointment on compassionate ground is offered in order to give an opportunity to the family members to come out of their financial constraints and if a daughter who has been divorced, returns to her family to her parental home, she cannot be denied the opportunity to seek compassionate appointment if she complies with all the other conditions. Law is evolving and when equal status has been given to daughter with sons there is no rational in treating a daughter differently only because of the term "Divorced". The term 'unmarried' 'widow' 'divorced' are only a nomenclature added to the term daughter and if such a daughter is ready to work and support the family who is facing financial distress on account of death of the government servant, there can be no valid ground for including her as a dependant. 10. In Pinki v. State of Rajasthan (supra), this Court came to hold that a widow daughter-in-law too would fall into the category of a person who would be called dependant upon the deceased family members and entitled to seek appointment. 11. In the instant case, it is to be noted that the petitioner is also a nominee of the deceased government employee, thus deserves to be considered for appointment. 12. The objection regarding the pendency of the criminal cases against the petitioner is sustainable since she has been acquitted in one and in the other has been given the benefit of section 12 of the Probation of Offenders Act 1958 by a judgment dated 8.4.2015, therefore, there is no impediment in granting her appointment on compassionate grounds. 13. in view of the above, the writ petition is allowed and the respondents are directed to offer appointment to the petitioner if all other conditions are fulfilled within a period of one month from date of receipt of certified copy of this order.";