KUMARI NISHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HE petitioner by this writ petition has prayed that the respondents may be directed to give appointment to the petitioner commensurate with her qualifications under the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (referred to here in after as 'the Rules of 1975').

(2.) THE petitioner's father Shri Hans Raj Bhansali died on 5.12.1962 leaving behind his widow and a daughter i.e. petitioner as orphan. The petitioner mean while acquired the necessary academic qualification i.e. M.A. in Philosophy in First Division. Thereafter, she applied under the aforesaid Rules for appointment to the Treasury Officer, Jodhpur who in turn forwarded the application of the petitioner to the Collector, Jodhpur and the Collector, Jodhpur by his order dated 10.10.1990 (Annex. 2) has rejected the application of the petitioner for appointment under the Rules of 1975 on the ground that the aforesaid Rules came into force on 2.9.1972 whereas the petitioner's father died in the year 1962. Therefore, no order can be issued under the aforesaid Rules. Hence, the petitioner has approached this Hon'ble Court by filing the present writ petition.

(3.) A return has been filed by the respondent and they reiterated the same position.