ROSHAN AARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. M. S. Singhvi, learned counsel for the appellants and Mr. R.U. Jangid, learned Additional Advocate General for the State, assisted by Mr. G.L. Khatri.

(2.) This appeal is directed against the judgment dated May 12, 1998 passed in SBCW P.No. 1543/1998. The appellant No. 1, who is the wife of the deceased Govt. employee, preferred the said writ petition to quash Anx. 10 dated January 21, 1998 and to direct the respondents to provide suitable appointment to appellant No. 2 on compassionate ground under the provisions of Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (hereinafter referred to as the Rules of 1996). The 2nd appellant, for whom the compassionate appointment was sought, is the sister's son of the widow of the deceased, namely the 1st appellant. Vide communication dated January 21, 1998 respondent No. 3 had informed the appellant that in view of the Rules of 1996, appellant No. 2 cannot be given appointment as he is not dependant, within the meaning of Rule 2 (c) of the Rules of 1996. In our opinion, the reasoning given by the respondent to reject the application for compassionate appointment on that ground is not correct.

(3.) In the instant case, the application was made on February 22,1994 when the Rajasthan (Recruitment of Dependants of Government Servants Dying While in Service) Rules, 1975 alone will have application to the case on hand. Rule 2 of the 1975 Rules, which deals with the definition of Family, reads thus: "2(f) Family means the family of the deceased Government Servant and shall include wife or husband, sons and unmarried or widowed daughters and son/daughter adopted according to the provisions of law by the deceased Government Servant, who were dependant on the deceased Government servant; Provided that if no such member of the family be eligible for getting benefit under these Rules, the benefit available under these Rules may be extended to any other close relative of the deceased to be named by the widow or the Guardian of the children of the deceased with the specific approval of the Deptt. of Personnel."