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2025 DAILYLAW 47710 (RAJ)

SMT. AARTI DEVI WIFE OF LATE SHRI SATISH NAKWAL v. STATE OF RAJASTHAN

CW/17354/2024 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49485] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17354/2024 Smt. Aarti Devi Wife Of Late Shri Satish Nakwal, Aged About 37 Years, Resident Of Harijan Basti, Niwai 304022. ----Petitioner Versus 1. State Of Rajasthan, Through Deputy Director (Administration), Autonomous Administration Department, G-3, Rajmahal Palace, Residential Area, Civil Line Phatak, 22 Godam, Jaipur 302013. 2. Administration Officer, Nagar Palika, Niwai, Jodhpuriya Road, Jamat, Shivaji Colony, Niwai, Rajasthan 304022. ----Respondents For Petitioner(s) : Mr. Virendra Prajapat For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “It is, therefore, most humbly prayed that your Lordships' may graciously be pleased to accept and allow this writ petition; call for and examine the entire record of the case and: - I. By an appropriate writ, order and direction in the nature thereof, the impugned letter dated 02.09.2024 issued by the respondent number 01 whereby the respondent number 01 was directed to dismiss the application of the petitioner and with the order dated 19.09.2024 passed by the respondent number 02 whereby the application for the compassionate appointment of the petitioner was dismissed may kindly be quashed and set aside. II. By an appropriate writ, order and direction in the nature thereof the respondents may [2025:RJ-JP:49485] (2 of 3) [CW-17354/2024] kindly be directed to give compassionate appointment to the petitioner in light of the judgement dated 02.01.2024 passed by the Division bench of the Hon'ble this High Court in the matter of Smt. Durga VS State of Rajasthan and others. III. Any other relief as this Hon'ble Court may deem fit and proper be also passed in favor of the petitioner. IV. The cost of the writ petition may kindly be awarded in favor of the petitioner.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 04.07.2023 in D.B. Special Appeal Writ No. 383/2023 titled as “State of Rajasthan & Anr. Vs. Sushila Devi submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court, while upholding judgment dated 19.12.2022 in Sb CWP No. 521/2011. He further submitted that instant writ petition be disposed of in accordance with aforesaid ratio. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of Sushila Devi Vs. State of Rajasthan (SB CWP No. 521/2011) and approved in State of Raj. Vs. Sushila Devi (supra), if applicable upon facts of the case, as claimed in petition. 4. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended, but in case of veracity of facts, the respondents at liberty to deviate. [2025:RJ-JP:49485] (3 of 3) [CW-17354/2024] 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /275