KALU RAM JANGID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 1/1/2019 (Annex.-13), whereby the application of the petitioner for compassionate appointment after the death of his brother, who was a government servant, has been rejected.

(2.) Petitioner is the brother of the deceased government servant, Ramesh Jangid who expired on 22/5/2018. After his death, petitioner, being his brother, applied for compassionate appointment. The said application was rejected on the premise that in terms of Rule 2(c)(v) of the Rajasthan Compassion Appointment of Dependants of Deceased Government Servants Rules, 1996 ('the Rules of 1996'), the married brother of a deceased government servant being not a 'dependant' is not entitled for compassionate appointment. The Rules provide for the compassionate appointment to a dependant of the deceased government servant and an unmarried brother of an unmarried deceased government servant does not fall within the definition of 'dependant'. Admittedly, the petitioner is married and therefore, in terms of the Rules of 1996, the petitioner cannot be held to be a dependant and to be entitled for compassionate appointment.

(3.) In view of the specific provisions of law, this Court is not inclined to interfere with the order dtd. 1/1/2019. Hence the present writ petition is dismissed.