JAI PRAKASH CHAUDHARY Vs. STATE AND ORS.

JUDGEMENT

(1.) Instant petition has been filed assailing order dt. 07/03/1998 pursuant to which the petitioner was informed that since Shri Sitaram Jat elder son of Shri Ram Niwas, who died while in service holding the post of Teacher on 22/04/1995, is already in Government Service, his application could not be considered in view of R.5 of Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 ("Rules, 1996").

(2.) R.5 of Rules, 1996 clearly postulates that if any member of deceased Government servant's family is already employed on regular basis under Central/State Government or statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/Government at the time of death of Government servant, his dependents are not entitled for compassionate appointment. Indisputably, brother of petitioner is in Government service holding post of Teacher Gr.III, which certainly dis-entitles him to claim compassionate appointment by virtue of R.5 of Rules, 1996.

(3.) Counsel for petitioner submits that his eligibility was to be looked into on the date of death of Government servant; and there was no such bar for a dependant of deceased government servant to seek compassionate appointment under Rules, 1975 and the Rules, 1996 have no application in the facts of instant case.