SUDHIR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question that fails for consideration in this writ petition is whether the order of appointment which was granted on compassionate ground to the petitioner due to death of his father, could be subsequently cancelled on the premise that the eldest son of the deceased was already a government servant. To elaborate the controversy further, it may be stated that the petitioner had been granted appointment on the post of LDC on compassionate ground in place of his deceased father in view of the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (for short "the Rules of 1996" ). However, the appointment granted to the petitioner was cancelled only after a period of three months on 1. 07. 2000 and hence the petitioner has filed this writ petition for quashing the same by holding it illegal, arbitrary as also contrary to the rule.

(2.) WHILE pressing the case of the petitioner the counsel for the petitioner Shri Manjhu submitted that although Rule 5 of the Rules of 1996 declares that a dependent of the Government Servant, who dies while in service, will be granted appointment only if one of the sons or daughters or any other dependents is not already employed on regular basis, the fact in the instant case is that the petitioner's brother is living separately and hence the petitioner should be granted appointment on compassionate ground.