JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner seeks mandamus for appointment to be given to him under Rajasthan [Recruitment of Dependents of Government Servants dying while in service) Rules, 1975 [for short, the Rules of 1 975'). The petitioner states that his brother Lalit Singh on whom he was fully dependent, was serving as Government servant since 1 981. Said Lalit Singh expired on 29.7.1 989 while he was serving as class IV employee in the Office of Assistant Engineer, Irrigation Department, Circle Salumber. At the time of death of said Lalit Singh, he was 27 years of age and was un -married. In the absence of any other member of the family, his widow or children, the petitioner contends that as a brother, he was entitled to be offered a job under the aforesaid Rules. By letter dated 21.4.1990, it was communicated to the petitioner that he does not come within the definition of 'family' of deceased Government Servant, given under the Rules, as such, his proposal for appointment cannot be accorded to. The petitioner challanges this refusal (Annexures 7 and 9). The petitioner relies a Division Bench decision of this Court in Herald Hamilton v. The State of Rajasthan reported in 1988(1) R.L.W. 142. The relevant rule of the Rules of 1 975 defines the word 'family' as follows:

(2.) IN Ramcharan Das's case, the Apex Court had observed in this content as under:

(3.) THE decision was followed in Madhusudan Chauhan's case (S.B. Civil Writ Petition No. 3665 of 1990) decided on 20.11.1990.