JAIPRAKASH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed before this court under Art. 226 of the Constitution of India in the matter of alleged violation of Arts. 14 & 16 of the Constitution of India read with Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975 and in the matter of Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Rules' ).

(2.) THE facts giving rise to the filing of this writ petition briefly stated are that the petitioner is an adopted son of (Late) Shri Ram Niwas Sharma who expired on 13. 12. 1972 during his service tenure after remaining ill for a long period. THE said Shri Ram Niwas Sharma was posted at Tehsil Sikrai as Class IV employee before his demise. He was appointed on the said post on 14. 6. 1943 and his date of birth was 12. 06. 1918. It has been further contended in the writ petition that the natural father of the petitioner was Shri Hajari Lal Sharma S/o (Late) Shri Ram Dhan Sharma who expired on 9. 5. 1962. Late Shri Ram Dhan Sharma was the elder brother of (Late) Shri Ram Niwas Sharma who was unmarried. It was further contended in the petition that the petitioner was living with him and was wholly dependent on him for his day today expenses, residence and education after the demise of his natural father and that the petitioner looked after the welfare of Shri Ram Niwas and that he had executed a will in favour of the petitioner on 13. 10. 1970 which was registered in the office of Sub-Registrar Sikrai vide Annexure-1. From the recitals of the will, it is explicitly clear that the petitioner shall be entitled to receive the amount of pension, gratuity and insurance etc. being the legal heir of the deceased. It is further contended on behalf of the petitioner that the petitioner has already received the amount due on account of insurance on the policy having matured after the demise of Shri Ram Niwas being the nominee of the deceased.

(3.) IN support of his contentions, the learned counsel for the petitioner has placed reliance upon a judgment passed by the Division Bench of this Court in the matter of Herald Hamilton vs. State of Raj. & Anr. (1) wherein this court while dealing with the identical situation had allowed the writ petition by recording the finding to the effect that the petitioner in terms of rule 3 read with rule 5 of the Rules 1975 was entitled to make an application for the purpose of giving him a suitable employment in Government Service against any existing vacancies which is not within the purview of State Public Service Commission. The court held as under: - "in view of the proposition of law laid down in the above referred cases and the context in which the word 'family' appears in the definition and the intention of the Rules makers, we are of the opinion that it is a word of loose and flexible description and not a technical term. It is also obvious that its ambit has to be determined, having regard to the habits, ideas and socio- economic milieu of the parties. It is also clear that it is not to be understood in a narrow sense of being a group of persons who are recognised in law having a right of succession or having a claim or right to a share in the property or meaning only a member of Hindu joint family. We, therefore, hold that a brother living with the unmarried sister for the purposes of the Rules of 1975 in the facts and circumstances of the case, would constitute a member of the family of the unmarried sister. "