ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IT is often said that death now-a-days, is too cheap. A pathetic, morbid question is asked every morning, every day, so who died today? If a Government servant dies, one of the dependents of his family is provided with the compassionate appointment to help the family in getting over the sudden tragedy. In order to regulate the recruitment of the dependants of deceased Government servants on compassionate grounds the Governor of Rajasthan enacted in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (for short the Rules of 1996 ). These Rules came into force from the date of their publication in the Rajasthan Rajpatra i. e. January 25, 1997. With effect from April 21, 1999, Rules 5 and 10 (3), (5) and (6) have been amended.

(2.) ALL the petitioners before me are the dependants of deceased Government servants but they have been denied appointment on compassionate grounds by the respondents. Feeling aggrieved by the action of the respondents the petitioners have approached this court challenging the validity of Rule 5 and Rule 10 (3), (6) of the Rules of 1996.

(3.) PETITIONER Manoj Singh Chauhan's father was Constable. He died on November 2, 1996. PETITIONER Manoj Singh submitted application on November 26, 1996 which was rejected on June 27, 1997 on the ground that his brother is working as Agriculture Supervisor. The petitioner's contention is that he is not governed by Rules of 1996. Alternatively, the petitioner has challenged the validity of Rule 5 and Rule 10 (6) of the Rules of 1996.