DEVI SINGH Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Time was granted earlier on two occasions to the respondents to file reply but, reply has not been filed. Hence, I have proceeded to dispose of the writ petition finally because a very short point is involved. The father of the petitioner late Shri Ratan Singh was in Government service as Constable under the respondent No. 3. Shri Ratan Singh died on 24.5.75 while in service. At that time the petitioner was of the age of three years and four months. The petitioner after attaining the age of 18 years submitted the representations to respondent for granting him appointment, under the Rajasthan (Recruitment of Dependents of Government Servants dying while in Service) Rules, 1975. The case of the petitioner is that he has passed secondary school examination in 1989 and has also passed supplementary examination in the said year, vide Annex. 1 & 2. It appears that representation of the petitioner for appointment was forwarded by Dy. Inspector General of Police (H.Q.), Rajasthan Jaipur to District Magistrate, Pah for granting appointment to the petitioner wherever the post was lying vacant (Annex. 3). A similar letter was again addressed by Dy. Inspector General of Police, Rajasthan Jaipur to the Collector, Pali vide Ex. 4. The Collector, Pali issued a letter Ex. 5 to the mother of the petitioner showing that there were certain deficiencies in the application and therefor same had been sent to Dy. Inspector General of Police (H.Q.) Rajasthan Jaipur. Thereafter, reminder was sent by the Office of the Inspector General of Police, Rajasthan Jaipur to the District Magistrate, Pali vide Ex. 6. The Superintendent of Police has also requested the Collector, Pali for granting appointment to the petitioner on the post of Class-IVth Employee vide Ex. 7. Vide Ex. 8 Superintendent of Police, Pali required the petitioner to comply with some more formalities and petitioner complied with them. The Dy. Inspector General of Police, Rajasthan Jaipur again wrote the letters vide Ex. 9 & 10 to the Collector, Pali for doing the needful. The Superintendent of Police moved Divisional Commissioner, Jodhpur Division, Jodhpur vide Ex. 11 to grant appointment to the petitioner. Similar letters vide Ex. 12 & 13 were addressed by the Superintendent of Police, Pali to the Divisional Commissioner, Jodhpur Division, Jodhpur. It is surprising that inspite of such correspondence, the respondents did not grant any appointment to the petitioner.

(2.) Learned counsel for the respondents submits that since petitioner's father had died on 24.5.75, the petitioner could not take any advantage of the aforesaid rules. This controversy has been settled by D.B. Decision of this Court reported in Shashikant Vs. State & Ors.,1989 1 RLR 586. Hence, this contention is no longer'1 available to the respondents. It is a matter of great regret that respondents have not been able to accommodate the petitioner inspite of the fact that he is running from pillar to post. The Rajasthan (Recruitment of Dependents of Government Servants Dying while in Service) Rules, 1975 have been promulgated with a view to grant relief to the dependents of deceased Government Servants. The rules have to be implemented in letter and in spirit by the respondents. I do not find any adequate reason why the Divisional Commissioner, Jodhpur Division, Jodhpur has failed to appoint the petitioner so far. The attitude of the respondents in the matter is

(3.) No other point was urged before me.