PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs: "A. By an appropriate writ, order or direction, the respondent department are directed to consider the petitioner for appointment on compassionate ground as considering her as dependent. B. By an appropriate writ, order or direction, the respondent department are directed to provide her family pension as considering her as dependent. C. By an appropriate writ, order or direction, the respondents department are directed to pay interest @ 9% per annum as no family pension is given till today. D. 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."
(2.) Precisely, the facts of this case are that Shri Ramesh Chandra Purohit, who was initially appointed as Pump Driver in respondent-Department, expired while in service on 11.06.2003. The dependant/wife Smt. Santosh Devi Purohit was given compassionate appointment as Class-IV employee, as per the Rajasthan Compassionate Appointment of Dependents of Deceased Government Service Rules, 1996 (hereinafter referred to as the 'Rules of 1996'). Thereafter, Smt. Santosh Devi Purohit adopted the present petitioner through a registered adoption deed on 14.07.2005. However, Smt. Santosh Devi Purohit also expired on 04.04.2007.
(3.) After the death of Smt. Santosh Devi Purohit, the present petitioner moved an application on 26.08.2007 seeking compassionate appointment, within the time limit prescribed under the Rules of 1996. The petitioner, at that time, was 13 years of age. The respondents however did give compassionate appointment to her on account of her being minor. The petitioner however submitted a representation before the respondent- Department on 13.01.2014, after attaining the age of 18 years. Upon non-redressal of the grievance raised in such representation, the petitioner approached this Hon'ble Court by way of filing S.B. Civil Writ Petition No. 1172/2014 which was decided on 13.02.2014, and the following order was passed in the said writ petition: "Mr. Nand Kishore Mehta, counsel for the PHED is directed to accept notice. Copy may be supplied to him. In this writ petition, the petitioner has prayed for direction to the respondents to provide appointment on compassionate ground because mother of petitioner Santosh Devi Purohit was employee of respondent department died while in service. Learned counsel for the petitioner submits that in spite of filling application in accordance with the Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996 the respondents are deciding the application of petitioner for providing appointment on compassionate ground, therefore, direction may be issued to decide the application of the petitioner forthwith as per the rules of 1996 and release all the dues of late Santosh Devi Purohit. In view of the above, the writ petition is disposed of with direction to the respondents to decide the application of the petitioner for providing appointment on compassionate ground as per Rules of 1996 so also grant the family pension and other benefits of late Smt. Santosh Purohit within a period of two months from the date of receiving certified copy of this order. It is made it clear that in the event of rejection of the petitioner's claim, petitioner will be at liberty to file fresh writ petition.";