SHANTI GOPAL PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER through the above petition claims relief under the Rajasthan Recruitment of the Dependents of Govt. Servants Dying while in Service Rules, 1975, hereinafter referred to as the Rules of 1975.'

(2.) ACCORDING to petitioner, his father Shri Kishan Gopal Purohit died on 20th June, 1960 while he was employed as L.D.C. in the office of the Director of Archives, Govt. of Rajasthan, Bikaner. He left behind petitioner, petitioner's two brothers and widowed mother. At the time of death of petitioner's father, the rules of 1975 had not come into force. The rules were promulgated for the first time in 1975 and while they were brought into force with effect from the date of their publication in the Rajasthan Rajpatra, the same were made applicable to the dependents of those deceased Govt. servants who died while in service on or after the second day of September, 1972. However, a Division Bench of this Court in D.B. Civil Writ Petition No. 2194/84 Shashi Kant v. State of Rajasthan held in its judgment dated 16 -3 -1980 that cut -off date prescribed under Rule 2 (e) of the Rules of 1975 for deceased Govt. servant as a person dying on or after 2nd Sept. 1972 is ultravires of Article 14 of the Constitution and that a dependent of Govt. servant who died while in service before 1972, is also entitled to get employment in accordance with the rules. It is stated by the petitioner that thereafter he made an application somewhere in August, 1990 for giving him appointment on a suitable post under the rules of 1975. This application of the petitioner was refused vide Annex. 4 dated 30.8.90 on two grounds firstly that two sons of deceased Govt. employee are already in Govt. service and secondly that the petitioner has crossed the maximum eligible age for being appointed to Govt. service.

(3.) IT will be profitable to make reference to relevant rules to appreciate the petitioner's contentions.