1 S.B. CIVIL WRIT PETITION NO.3191/2006 (Seema Vs. State of Raj. & Ors.) Date of Order :: 29.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Anil Vyas, for the petitioner. Mr.Shyam Ladrecha, Govt. Counsel. Heard learned counsel for the parties. The petitioner is claiming appointment on compassionate ground in place of her mother late Smt. Tribhuvanki wife of Hukma Ram died while in service. Admittedly, before death of petitioner's mother, she was already married and her husband was also died, therefore, she was living with her parents. In my opinion, as per definition of “family” in the Rules of 1996 only unmarried daughter is entitled for considering her case for appointment on the compassionate ground. But in this case admittedly before death of petitioner's mother, petitioner was married with late Shri Bhagwan Das, but unfortunately after death of her husband, nobody was in the family of her in-laws to maintain her, therefore, she is living with her parents. In the reply, it is stated in para 3 that on 2 compassionate ground due to death of employee late Smt.Tribhuvanki her son Ravinder was appointed in the Municipal Council, Bikaner on compassionate ground. Learned counsel for the petitioner is disputing this fact. In this matter, even if it is presumed that Shri Ravinder was not appointed on compassionate ground, the petitioner is not entitled of compassionate appointment as per the Rules of 1996 because before death of late Smt.Tribhuvanki petitioner was already married and benefit of appointment under compassionate ground is available only to unmarried daughter. Therefore, there is no entitlement of the petitioner to seek appointment on compassionate ground under the Rules of 1996. However, for fresh appointment for the post of sweeper, if any application is filed by the petitioner then same may be considered sympathetically upon the fact that petitioner's husband and mother both died With these observations, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-