REKHA JOSHI D/O LATE SHRI PUKHRAJ JOSHI Vs. STATE OF RAJASTHAN THROUGH SECRETARY, DEPARTMENT OF EDUCATION
LAWS(RAJ)-2018-1-370
HIGH COURT OF RAJASTHAN
Decided on January 15,2018

Rekha Joshi D/O Late Shri Pukhraj Joshi Appellant
VERSUS
State Of Rajasthan Through Secretary, Department Of Education Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers: "A. By an appropriate writ, order or direction, the order dated 12.08.2016 (Annex-15) and any other order denying the appointment to the petitioner on compassionate grounds may kindly be quashed and set aside. B. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the divorce daughter within the definition of dependent and hence falling under the Rule 2(C) of Rules of 1996 and give compassionate appointment to the petitioner in accordance with the Rules of 1996 with all consequential benefits. C. By an appropriate writ, order or direction, the respondents may kindly be directed to afford appointment to the petitioner on compassionate grounds under the Rules of 1996 and consider appointed since her initial application in the year 1998 with all consequential benefits. D. By an appropriate writ, order or direction, the respondents may kindly be directed to appoint the petitioner on the post of Teacher Grade III considering her educational qualification acquired till date in lieu of service rendered by her father as PTI Teacher Grade III with all consequential benefits. E. 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. F. Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) The petitioner's father was working with the respondents on the post of PTI Grade III at Joyla, Tehsil Shivganj, District Sirohi. The petitioner's father died while in service on 26.09.1995. Therefore, the present petitioner, daughter of the deceased government employee, applied for the compassionate appointment in the year 1998.
(3.) The fact is on record that while the death of father of the petitioner had occurred on 26.09.1995, the petitioner got married on 21.11.1996, and then entered into separation agreement dated 01.02.1998. Subsequently, a decree of divorce was granted to the petitioner by the competent court on 30.05.2003 vide Annexure-11 of the writ petition.;


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