[2025:RJ-JP:46078] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5715/2025 Kshama Devi Daughter Of Late Shri Mohan Singh Wife Of Shri Balram Singh, Aged About 35 Years, Resident Of Village Vishda, Post Jharoli, Tehsil And District Bharatpur. ----Petitioner Versus 1. Director, Secondary Education, Government Of Rajasthan, Bikaner. 2. State Of Rajasthan, Through Its Additional Chief Secretary, Home Department, Government Of Rajasthan, Government Secretariat, Jaipur. 3. Principal Secretary, Department Of Personnel, Government Of Rajasthan, Government Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr. Kritesh Oswal For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 1. Instant writ petition is preferred by petitioner with following prayer:- This writ petition may kindly be allowed and by appropriate writ, order or directions, the order dated 10.02.2025 issued by respondent No.1 be set aside and the respondents may be directed to issue appointment order in favour of the petitioner under the Compassionate (Appointment of Dependents of Deceased Government Servant) Rules, 1996 with all consequential benefits. [2025:RJ-JP:46078] (2 of 3) [CW-5715/2025] 2. Learned counsel for petitioner while placing reliance upon judgment in case of Priyanka Shrimali Vs. State of Rajasthan & Ors.: Civil Reference No.1/2022 (Order dated 13.09.2022) passed by a larger Bench at Principal Seat, Jodhpur submits that issue raised by present petitioner is answered in the reference and same is applicable in the facts of the case. 3. Having considered submission of learned counsel for petitioner, it is appropriate to reproduce the answer of reference as under:- “The provision of Rule 2 (c) of the Rules of 1996, which excludes the married daughter from definition of dependent prior to its amendment vide notification dated 28.10.2021, is discriminatory and violative of Articles 14 to 16 of the Constitution of India and as such, the word ‘unmarried’ from the definition of ‘dependent’, is struck down. Further, in Rule 5 of the Rules of 1996 also the word unmarried daughters/adopted unmarried daughter, shall be read as daughters/adopted daughter. The judgment is the case of Sumer Kanwar Vs. State of Raj. & Ors.: 2012 (3) RLW 2546 (Raj.) and all other judgments, which have followed the judgment in the case of (33 of 33) Sumer Kanwar (supra), upholding the denial of compassionate appointment to married daughter, are overruled. As a consequence, it is directed that on account of striking down of the word 'unmarried' from the definition - (i) the same shall not effect any case, wherein compassionate appointment has already been granted under the provisions as they stood before this order; (ii) the same by itself would not [2025:RJ-JP:46078] (3 of 3) [CW-5715/2025] provide a cause of action to any applicant and would apply to cases which are either pending before the competent authority and/or to the cases where litigation is pending on the date of this order only; (iii) the provisions and other requirements of the definition regarding the applicant being wholly dependent on the deceased government servant at the time of his/her death would be scrupulously applied; (iv) all the parameters as laid down by Hon'ble Supreme Court for grant of compassionate appointment, shall also be scrupulously followed and that (v) all other provisions of the Rules except the inclusion of the 'married daughter' in the definition of 'dependent', shall have full application.” 4. Considering the submission, the writ petition is disposed of in light of judgment in case of Priyanka Shrimali Vs. State of Rajasthan (supra), if applicable upon the facts and circumstances of the case, the respondents are directed to extend benefit, if petitioner is entitled in accordance with facts and circumstances as explained by a larger Bench of this Court at Principal Seat, Jodhpur in case of Priyanka Shrimali Vs. State of Rajasthan (supra). 5. With aforesaid, the writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /232