PRAKASH LAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER in the above petition seeks a mandamus against the respondents to carryout their obligation to provide him employment under the Rajasthan (Recruitment of Dependents of Govt. Servant Dying While In Service) Rules, 1975, hereinafter called as the rules of 1975'.

(2.) IT is stated by the petitioner that his father Madan Mohanlal Mathur was working as Patwari in Tehsil Osian Distt. Jodhpur. He died while he was in service on 13 -4 -1964. At that time when the petitioner's father died, petitioner was only about three years of age, his date of birth being 30th Sept. 1962. Petitioner having passed higher Secondary in the year 1979, also obtained Polytechnic Diploma in Engineering and has also cleared I.T.I. examination. It is contended by the petitioner that when his father expired, the rules of 1975 were not in force and no employment was offered to the dependents of the deceased Government employees. When rules of 1975 came into force, the same were made applicable prospectively that is to say they were made applicable only in the case of Govt. servants died after 2nd of Sept. 1972, the date with effect from which the rules were brought into force. However, when the petitioner came across a decision of this Court in Shahsi Kant v. State of Rajasthan reported in 1991 RLR p. 586 that the applicability of the rules to the dependents of the person who died while in Govt. service on or after 2nd Sept. 1972 has been held to be ultravires to the extent it restricts the benefit of the rules to the dependents of the person died after 2nd Sept.' 1972.'The only impediment of giving benefit of the rules of 1975 thus having been removed, the petitioner contends that he is entitled to be offered a job under the State commensurating with his educational qualification under the rules of 1975 and the respondents are under a duty to discharge the said obligation under the rules.'

(3.) IN the aforesaid circumstances, the petition is allowed. The respondents are directed to offer the petitioner an appropriate appointment commensurating with his educational qualification under the rules of 1975 provided he is otherwise eligible to be appointed under the rules within a period of three months from today. There is no order as to costs.