JITENDRA KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant appeal is directed against the orders of the Single Bench dated 17.09.2012 & 30.01.2013, whereby the writ petition filed by the appellant seeking appointment on compassionate ground and application for its review respectively were dismissed.

(2.) The mother of the appellant, who was working as Nurse Grade-I, expired on 29.05.1993. The appellant had preferred an application for appointment on compassionate grounds, which was rejected vide order dated 29.07.1994 on the ground that he was minor. The appellant, on attaining majority and after passing the Secondary Examination, preferred another application for compassionate appointment on 16.07.2007, which was forwarded to the competent authority on 19.07.2007, on which no action was taken by the respondents. He preferred S.B.Civil Writ Petition No.2269/2008, which was disposed of with the direction to the respondents to decide his application within three months. Vide order dated 21.05.2008, the application of the appellant for compassionate appointment was rejected. The appellant then challenged this order by preferring another writ petition before the Single Bench, which was dismissed on 17.09.2012. The review application filed by the appellant was also dismissed by the Single Bench vide order dated 30.01.2013. These orders are impugned in the instant appeal.

(3.) Learned counsel appearing for the appellant has submitted that the application of the appellant should have been considered under the Rajasthan (Recruitment of Dependents of Government Servant Dying while in Service) Rules, 1975 (hereinafter referred to as the "Rules of 1975"), which were in force at the time of the death of his mother and the authorities could not have rejected his application for compassionate appointment invoking Rule 5 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (hereinafter referred to as "Rules of 1996") as these Rules were not in force at the time of death of his mother.