ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner in which it has been prayed that the impugned order dated 8. 3. 1989 by which the petitioner has been appointed on the post of class IV Servant instead of L. D. C. may be quashed and non-petitioners be directed to appoint the petitioner on the post of L. D. C. w. e. f. 8. 3. 1989.

(2.) IT will suffice for the purposes of this petition to state that father of the petitioner was working in Office of Deputy Chief & Health Department, Jaipur as Tikkakar' and he died during his tenure of service on 9. 5. 76. IT is pleaded in the petition that post of Tikkakar' is now designated as M. P. W. in Medical & Health Department and was getting pay in the scale of L. D. C. and, therefore, the petitioner should have been given appointment as L. D. C. or on any other post which is not lower than the post of L. D. C. He sent an application on September 26, 1988 to the Director, Medical & Health Department for giving appointment on his attaining majority. The Deputy Secretary Department of Personnel (Gr. II) has passed an order dated February 25, 1989 (Annexure-2) to give the appointment to the petitioner on the post which may be equivalent to 'tikakar' i. e. at preset M. P. W. and, therefore, the petitioner should be given appointment/posting on a post which be not lower than the post which the Late father of the petitioner was holding. However, the petitioner has been appointed on a lower post i. e. Class IV Servant by an order dated March 8, 1989 (Annexure-3 ). On March 24, 1989 an order was passed by this Court on the Stay application that if the petitioner has joined the post on which appointment was given to him, in that case such appointment shall be subject to the final decision of this petition.

(3.) IT may be pointed out that Rule 5 of the Rules, 1975 lays that a member of family of deceased Government Servant shall be given a suitable employment in the Government Service without delay only against an existing vacancy, which is not within the purview of the State Public Service Commissions, in relaxation of the normal recruitment rules, provided such member fulfils the educational qualifications prescribed for the post and is also otherwise qualified for the Government service. Provision to this rule was substituted by D. O. P. notification dated 22. 8. 83 and it is now provided that the recruitment may be made on posts which are within the purview of Rajasthan Public Service Commission except the major State service mentioned in rule 3 i. e. R. A. S. , R. P. S. , R. F. S. and Rajasthan Accounts Service. Sub clause (2) of Rule 8 provides that procedural requirement for Selection, such as written test, typing test or interview by a selection Committee or any other authority to interview the candidate in order to satisfy that the candidate will be able to maintain the minimum standard of work and efficiency expected on the post or to prescribe any condition, if considered necessary for acquiring any framing or proficiency eg. typing speed or any other qualification etc. , within a reasonable period, after such employment under these Rules. Rule 9 provides for satisfaction of appointing authority regarding general qualifications. The Government of Rajasthan vide order dated 14. 11. 1985 has issued certain directions regarding appointments to be given to the dependants/family members of Government Servants who died while in service. Direction 4 provides that in case where the deceased Government Servant was holding in the Class IV Servant his dependant, if he does not possess any specialised qualifications may be considered for appointment to a post of Class IV service or Ministerial Service or Subordinate Service, commensurate with his qualifications, in the same department in which the deceased Government servant was serving or in any other Department wherever he can be provided with a post without delay. Direction-5 which has been substituted vide D. O. P. order dated 11. 3. 86 provides that in cases where dependants of the deceased Government Servants possess specialised qualifications like Degree in Engineering, Degree in Medicine, Degree in Veterinary Science etc. , shall be appointed to the post in the State Service in the respective discipline, coming under the purview of the R. P. S. C, irrespective of the rank and status of the deceased Government Servant subject to fulfilment of qualification prescribed for the post.