SHAILESH PAREEK Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the prayer that the respondents may be directed to appoint him as LDC in accordance with the provisions of the Rajasthan Recruitment of Dependents of Government Servant Dying While in Service Rules, 1975 (hereinafter referred to as 1975 rules'). He has also prayed that the Circular dated 31.1.91 issued by the Government may declared as unconstitutional and also ultra vires to the provisions of 1975 rules, and the order dated 10.9.91 passed by the Collector, Sawai Madhopui may be declared as illegal and be quashed.

(2.) Brief facts of the case ale that the petitioner's father late Shri Ram Prasad Pareek was employed as UDC in the Collectorate of Sawaimadhopur at the time of his death in the year 1965. In the year 1975 the rules were enacted for giving appointment to the dependents of the Government servants dying while in service. The date of eligibility was fixed as 2.9.72. Only dependents of those Government servants dying on or after 2.9.72 were made eligible for grant of the benefit of 1975 rules. Rule 2(e) of 1975 rules was partly struck down by the High Court in Shashi Kant Vs. State of Rajasthan 1989(1) RLR 586 and thereafter, the dependents of all Government Servants who had died even earlier than 2.9.72 became entitled to be considered for appointment.

(3.) The petitioner made application for appointment as LDC before the Collector, Sawaimadhopur. The application of the petitioner has been rejected by the Collector vide letter dated 10.9.91 (Exhibit-2) on the ground that his brother Shri Govind Saran Pareek had already been appointed in the Government Secretariat as LDC on 7.12.77 and as per the Government Circular dated 31.1.91, the petitioner was not entitled to make a claim for appointment as LDC under '1975 rules'. The petitioner served a notice of demand for justice on 27.2.91 and when he did not get relief from the administration, he has filed this writ petition.