Rajasthan High Court - Jodhpur
Smt. Asha Bhoi vs Raj. Rajya Vidhyut Ut. Nigam, Ltd. & Ors on 21 May, 2013
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
S.B. Civil Writ Petition No.960/2013.
(Smt. Asha Bhoi Vs. Rajasthan State Vidyut Utpadan Nigam Ltd. &
Others)
DATE OF ORDER : May 21, 2013
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Ravindra Singh for the petitioner.
Heard learned counsel for the petitioner.
In this writ petition filed by the petitioner - widow of late Ramesh Bhoi has prayed that the respondents may be directed to provide appointment to the petitioner on compassionate ground on the post of Class IV employee or any other equivalent post.
Learned counsel for the petitioner submits that the petitioner is daughter-in-law of late Prabhulal Bhoi who was working as Class IV employee in the office of the respondents and died while in service on 09.03.2012. The husband of the petitioner also died on 13.03.2011 and, at present, no one is there in the family to maintain the family of late Prabhulal Bhoi. In support of his claim, learned counsel for the petitioner invited my attention towards judgment rendered by the co-ordinate Bench of this Court, reported in 2012 (1) WLC 431 and submits that the petitioner being daughter-in-law of late Prabhulal Bhoi is entitled to be considered for appointment on 2 compassionate ground being dependent of late Prabhulal Bhoi.
After hearing learned counsel for the petitioner, I have perused the aforesaid judgment, in which, following adjudication has been made by the co-ordinate Bench in para 16 to 24 of the judgment :
"16. The question now arise that if the law making authority was aware about the position of "widowed daughter-in-law" then why in the category of dependents under Rule 2(c) of the Rules of 1996, she has not been placed in explicit? To resolve this knot, a look on the relations expressly referred in the definition of dependents is desirable. The relations of spouse, son, adopted son, unmarried or adopted unmarried daughter in no way can include the relation of "widowed daughter-in-law", however, the term "widowed daughter"
appears to be quite wide and that may include "widowed daughter-in-law" for the purpose of these rules.
17. If the rule makers were intending to exclude "widowed daughter-in-law" from the category of dependents, then they would have include "widowed daughter" in the category of dependents, employment of whom makes appointment on compassionate grounds inadmissible under the Rules of 1996, but it has not been done. Meaning thereby, a "widowed daughter" is also a "widowed daughter-in-law", who is supposed to serve her in-laws and children. Thus, it appears that the term "widowed daughter-in-law" is part of "widowed daughter".
18. Suffice to say that in Indian society, a daughter-in-law is supposed to be treated as daughter. In the society a daughter-in-law, may she be widow, is always treated as an integral member of the family and she possess all honour as well as the responsibilities of the household. In multi ethical society of India, daughter-in-law is 3 supposed to take care of her inlaws family, even after death of her son. In Hindus a woman at the time of her marriage take certain vows and those are :-
"My Lord, you were kind to give me the responsibility of the home, food and finances. I promise that I shall discharge all my responsibilities for the welfare of the household, family and the children. This is my commitment to you.
My Lord, at all times, I shall continue to fill your heart with strength and courage. In your happiness I shall rejoice. I promise that I will always please you with sweet words and take care of the family and our children. In return you shall love me alone as your wife. May God bless you, the household and our children.
My Lord, I will love you with single-minded devotion. I will treat all other men as my brothers. This is my commitment and pledge to you. You are my joy and my devotion to you is pure.
My Lord, in all acts of righteousness ("dharma"), in material prosperity ("artha"), in every form of enjoyment, and in divine acts such as fire sacrifice, worship and charity, I promise to participate and will always be with you. I will please you in every way I can.
My Lord, this is my humble submission to you, I will share both in your joys and sorrows. Your love will make me very happy. I will always honor you.
My Lord, may God bless you. May I fill your heart with great joy and peace time and time again. I promise that I will always be with you and will always support you. My Lord, I have become your spouse by the law of God, holy fire and the holy scriptures. The promises I have made have been spoken with pure heart and pure mind. All the angels are witnesses to this fact. I shall neither deceive you nor will I ever let you down. May our love for each other and this marriage last forever."
19. The voews taken clearly indicates commitment of a Hindu daughter-in-law towards her household i.e. her in-laws family.
420. Muslim women are also having definite obligations to their husband and his family. The holy Quran states "the good women in the absence of their husbands guard their rights as Allah has enjoined upon them to be guarded." A Muslim wife is required to guard her husband's property. She must safeguard his home and possessions to the best of her ability. She is required to manage household affairs wisely, so as to prevent loss or waste and also to maintain honour of the family. At the time of marriage the Imam or cleric recites the words of love, commitment, significance of marriage, the couples' responsibilities towards each other and God, the couples do decide on exchanging the vows to adhere the instructions of the Holy Quran and also pleade honesty and sincerity in relation including to maintain the household with obedience, honesty and sincerity.
21. In Christian marriage the central focus is on service. A Christian couple makes a promise to one another publicly before the God to do everything with their power to help each other grow in becoming what God has created them to be, despite all adversities, as long as they both live.
22. The facts stated above clearly indicate that a "daughter-in-law" is an important part of in-laws family and she is required to take all care of household. The term "daughter- in-law" itself indicates that she is to be accepted as "daughter" by in-laws. As such for all purposes the term "daughter" is wide enough to include "daughter-in-law". The legal position that emerges from the entire discussion is that for the purpose of the Rules of 1996 the term "widowed daughter"
includes a "widowed daughter-in-law", as such, she is a "dependent" as per Rule 2(c) of the Rules of 1996. This inclusion serves the purpose of the Rules of 1996 and it is in consonance to the objects of the Rules. This inclusion is also not having any effect of amendment in the Rules. On the other hand, non-inclusion of "widowed daughter- in-law" in the ambit of dependents is having adverse effect on the purpose and objects of the statute concerned, as happening in 5 present set of facts.
23. An apprehension may be there that "widowed daughter-in-law" may not support her in-laws family or dependents of the deceased government servant, but such apprehension is totally ill-founded. The Rules of 1996 clearly mentions that while making appointment on compassionate grounds concurrence of all other dependents of a deceased government servant is must. The Rule 5(b) of the Rules of 1996 also takes all necessary care of such eventualities.
24. The upshot of the consideration is that "widowed daughter-in-law" is a dependent of a government servant as defined under Rule 2(c) of the Rules of 1996. As such, this petition for writ deserves acceptance. Hence, the same is allowed. The decision of the respondents for not giving appointment to the petitioner on compassionate grounds as per the Rules of 1996 is declared illegal. The respondents are directed to appoint the petitioner as a Class-IV employee in accordance with the provisions of the Rules of 1996, on or before 14th October, 2011."
In view of the above, this writ petition is disposed of with direction to the respondents to consider the application of the petitioner for providing her appointment on the post of Class IV employee or any other equivalent post on compassionate ground in the light of the aforesaid judgment of the co-ordinate Bench rendered in the case of Smt. Pinki Vs. State of Rajasthan & Others, reported in 2012 (1) WLC (Raj.) 431 and pass appropriate orders within a period of one month from the date of receiving certified copy of this order.
6(Gopal Krishan Vyas) J.
Ojha, a.