KAMAL SINGH Vs. STATE

JUDGEMENT

(1.) THE short question which arises for consideration of this court in the present writ petition is as to whether the fixation of cut off date i. e. 2. 09. 1972 occurring in the definition of the term 'deceased Government Servant' in Rule 2 (e) of the Rajasthan Recruitment of Dependents of Government Servant Dying While in Service Rules, 1976 (hereinafter referred to as 'the Rules') by which benefit of recruitment to the members of the family of deceased Government servant while dying in service is limited only to the members of the family of the government servant dying on or after cut off date as referred to above, i. e. , 2. 09. 1972.

(2.) THE brief facts giving rise to the filing of this writ petition are that the late father of the petitioner was appointed on work charge basis by Public Health Engineering Department (for short 'phed') (respondent No. 3) but later on he was fixed in his regular pay scale. THE petitioner's father died on duty on 14. 7. 1969 while the petitioner was a minor. THE matter was represented through the mother of the petitioner to the concerned authorities so that the petitioner could suitably be given appointment under the Rules of 1976. THE representation of the petitioner was rejected on the ground that the question regarding fixation of cut off date is not material for consideration of the Authorities and no benefit of the same can be extended to the petitioner. THE petitioner was however, taken in service as class IV servant on the post of helper on, which post he has been discharging his duties till date.

(3.) WITH the above observations this writ petition is allowed. The parties are left to bear their own costs. .