ANKIT GAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 30/5/2016 whereby an application of the petitioner for compassionate appointment has been rejected. The reason for rejection is that the brother of the deceased employee does not fall within the definition of 'dependent' as defined under Sec. 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'the Rules of 1996').

(2.) The case of the petitioner is that his brother Dr. Nitesh Gaur met with an accident and unfortunately, expired. The family comprises of his mother, father and the present petitioner being the younger brother of the deceased employee. The deceased was not married and hence his parents as well as his younger brother were totally dependent on the deceased employee. It has further been submitted that the mother of the deceased is suffering from cancer and the present petitioner, that is, his younger brother, is an unemployed student. Therefore, there being no bread earner in the family after the death of the employee, the petitioner, who was totally dependent on the deceased employee at the time of his death and being the only person available in the family to support and take care of his parents, deserves to be granted compassionate appointment.

(3.) Before entering into the adjudication on the issue whether an unemployed brother can be termed to be a dependent of an unmarried deceased Government servant, it is relevant to note that the State Government has, vide notification dtd. 28/10/2021, amended clause (c) of Rule 2 of Rules of 1996 and has now included mother, father, unmarried brother and unmarried sister also in the definition of 'Dependent' in case of unmarried deceased Government servant.