SHAHID KHAN Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This writ petition has been filed for directing the respondents to appoint the petitioner on the post of driver with effect from the date the post fell vacant with all consequential benefits. The facts of the case may be summarised thus.

(2.) The petitioner is the son of late Rahim Khan who died on Jan. 25, 1992 while serving as Patwari in the village Odwala (Tehsil, Gadi), Banswara. At the time of the death of his father, the petitioner had attained the age of 23 years, he had passed 8th Class and was holding driving licence for heavy vehicles. He moved an application for appointing him as a driver or on any other suitable post under Rajasthan (Recruitment of Dependents of Government Servants Dying while in Service) Rules, 1975 (hereinafter to be called 'the Rules'). As no post of driver was vacant, he was appointed as Class IV employee. He was assured by the Collector, Banswara (respondent No. 2) that he would be appointed as driver as soon as the post falls vacant. Despite having a post of driver vacant, he is not being appointed as such by the respondent No. 2.

(3.) In reply, the respondents admit that the petitioner's father Rahim Khan died on 25.02.92 while he was serving as a patwari in Tehsil Gadi (Banswara), he moved an application for appointing him as a driver or on any other suitable post and he is having licence of driving heavy transport vehicles only. The remaining averments of the writ petition have been denied. It has further been averred that a post of driver was lying vacant, the petitioner moved the said application, he was not found eligible for the post of driver as he was not possessing licence for driving heavy and light motor vehicles and at present no post of driver is lying vacant.