BHERULAL GADARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has sought a declaration that the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 apply to all the departments of the State and the petitioner is entitled for the benefits of these rules and he may be appointed. It has been prayed that the letter dt. 22.12.92 (Ex.2) be declared illegal,

(2.) THE petitioner's case is that his father Bhagwan Ram was working as Cattle Guard on daily wages and on completion of two years of service he was given semi permanent status on the basis of Supreme Court decision vide order dt. 29.10.91. It is alleged that the father of the petitioner died while in service on 28.12.1991. The petitioner moved an application that he may be appointed on a suitable post in place of his father and also produced death certificate of his father issued by the Gram Panchayat dt. 19.6.92. The Department in its reply dt. 22.12.92 (Ex.2) stated that they have no instructions that the provisions of the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (hereinafter referred to as the Rules of 1975) are applicable for giving him appointment. Thereafter the petitioner served a notice for demand of justice Ex. 4 dt. 31.12.1992. In reply to the notice the respondents informed vide letter dt. 13.1.93 (Ex.5) that the Government Circular dt. 222.1977 No. F -3(6)Personnel/Ka -II/75 is not applicable in view of the Standing Orders of the Department. Hence, the writ petition.

(3.) AS agreed by the counsel for the parties, the matter is heard finally.