TARUN KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has prayed for seeking compassionate appointment and challenged the order dtd. 9/1/2017 whereby his candidature was rejected by the authority on the ground that at the time of death of his father, his unmarried daughter was in government service. It is submitted that the petitioner's father died while in service and was holding the post of Land Revenue Inspector. At the time of death, one of the daughter who was unmarried was admittedly in service but she got married within one month of death of her father. Application was moved on behalf of the petitioner seeking compassionate appointment which was rejected on the aforesaid grounds.

(2.) Learned counsel has invited attention to the notification dtd. 8/4/2015 whereby Rule 5 of the Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996 (hereinafter referred to as "Rules of 1996") was amended and expression at the time of death of the Government servant was substituted by the expression at the time of death of Government servant or at the time of appointment of the dependent. Thus, from above learned counsel submits that the question whether there is any other dependent in government service shall be examined on the date when the offer of appointment is being given to the dependent. Admittedly in 2017, the married daughter would not come within the category of dependent for the purpose of Rules of 1996 and the petitioner was therefore entitled for consideration for appointment on compassionate grounds under the Rules of 1996.

(3.) Learned counsel for the respondent-State however submits that the order of 9/1/2017 is clear and is in unequivocal terms rejects the candidature that on the day when death occurred, there was unmarried daughter dependent on him, who was in government service.