SHAMBHOO PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment passed by the learned Single Judge dated 23.3.2000, rejecting the petitioner's claim for compassionate appointment, for which he was seeking a mandamus.

(3.) The petitioner's father, a Constable in the Police Department, died while in service on April 4, 1991. At the time of the death of his father, the petitioner-appellant was 11 years old and, therefore, could not have been offered any appointment on compassionate ground. His mother, the widow of the deceased, could have availed of the benefit of compassionate appointment. However, she chose not to avail the benefit. Instead, she moved an application for referring appointment to the petitioner-appellant on compassionate ground, after he attained the age of maturity, somewhere in 1998. According to the petitioner, on May 21, 1998, he submitted an application in the prescribed form, which was rejected by the communication dated July 15, 1999. The reasons disclosed in the order dated 15.7.99 was that since the father of the appellant died in April, 1991, and the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter called as "the Rules of 1996") had come into force only in 1996-they do not govern the case of the petitioner.