Case Law Details
1. A-1 question that emanates for consideration is whether the State Government is justified in refusing compassionate appointment to widowed daughter-in-law (petitioner herein) of the deceased Government servant on the ground that the policy issued for such appointment impliedly excludes / does not provide for such an appointment to daughter-in-law.
2. The above-stated question arises in the following factual matrix of the case stated herein-after: –
3. Smt. Budhiyarin Bai deceased Government servant, who was Class-IV employee in the Public Works Department died in harness on 30/06/2011. The petitioner herein being widowed daughter-in-law of the deceased Government servant, made an application for compassionate appointment as per Government instructions / policy dated 10/06/2003 issued in this behalf by the State Government. She also stated that deceased’s daughter-Jayanti Bai was already married and is staying with her husband. She also stated that the deceased had only son and her husband had already died on 30/09/2006, therefore, she be considered for appointment on compassionate ground.
4. The competent authority by its order dated 31/07/2012 (Annexure-P/1) relying upon clause-3 of the Government instructions / policy dated 10/06/2003 rejected her application holding that applicable Government instructions / policy dated 10/06/2003 does not incorporate any provision for compassionate appointment to the widowed daughter-in-law.
5. Questioning the legality, validity and correctness of the order rejecting application to be considered for appointment on compassionate ground and also seeking declaration that she is eligible and entitled for appointment on compassionate ground, instant writ petition has been filed under Article 226/227 of the Constitution of India.
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