DHIRENDRA SINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant who is original petitioner filed writ petition No. 2220/1996 before this Court on 3. 7. 96 and prayed that the respondents may be directed to appoint him as Lower Division Clerk (LDC) under the Rajasthan Recruitment of Dependents of Government Servant (Dying While in Service) Rules, 1975 on the ground that his mother Smt. Rajkumari Bhati, who was serving as Assistant Teacher with the respondent Department died while in service on 29. 2. 88, therefore, he being dependent of his mother, he should be given appointment as LDC. THE learned Single Judge dismissed the writ petition by his impugned judgment and order 17. 3. 99. THE same is challenged in this special appeal by the appellant-original petitioner.

(2.) IT may be stated that the deceased mother as well as father of the appellant both were serving. The mother was serving as Assistant Teacher with the respondent department whereas father was serving as Clerk with Rajasthan State Electricity Board. His mother dies way back on 29. 2. 88 and at that time, the appellant was minor. When his father was very much alive and was also in service, then it can never be said that he was dependant of his mother. Being minor child, he would be dependant of his father rather than mother. Application dated 2. 6. 94 (Annex. 2) shows that the appellant passed his Secondary School Examinations in the year 1990 i. e. after the death of his mother. This was not possible if he was not dependant of his father and maintained by his father. Merely because he was eligible to get service in the year 1994 that does not mean that he was entitled to get employment on compassionate ground as a matter of right.