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MEDHA TIWARI v. STATE OF RAJASTHAN EDUCATION DEPARTMENT (SECONDARY)

Supreme Court of India | Diary 26279/2016

Status

Order

Decided On

2024-11-27

Bench

HON'BLE MR. JUSTICE MANOJ MISRA, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Petitioner

MEDHA TIWARI

Respondent

STATE OF RAJASTHAN EDUCATION DEPARTMENT (SECONDARY)

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). OF 2024 (@ SLP (C) No. 32015 of 2016)

MEDHA TIWARI ...Appellant(s)

Vs.

STATE OF RAJASTHAN & ANR. ...Respondent(s)

O R D E R

1. Leave granted.

2. Mr. Purushottam Sharma Tripathi, learned counsel has

brought to our notice, the case of the appellant who is a

divorced daughter of an erstwhile employee of the State whose

application for compassionate appointment has been rejected on

14.05.2015 on the ground that a divorced daughter is not a

dependant, though curiously a widowed daughter is a dependant

under the rules. The writ petition filed by her was also

dismissed by the High Court following the decision in Sumer

Kanwar vs. State of Rajasthan reported in 2012 (3) RLW 2546

(Raj.)

3. The relevant Rule of the Rajasthan Compassionate

Appointment of Dependents of Deceased Government Servants

Rules, 1996 as on the date of consideration is as under:-

2(c)- “Dependant” means if spouse, son, unmarried or widowed daughter, “adopted son/adopted unmarried daughter” legally adopted by the deceased Government servant during his/her life time and who were wholly dependent on the decased Government servant at the time

1

of his/her death”

4. Pending disposal of the civil appeal before us two

developments have taken place. First being that the Rule

itself was amen...

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