RACHNA DIXIT Vs. RAJASTHAN HOUSING BOARD AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed by daughter of late Shri B.S. Dixit, who died while in service on 27.10.1988 holding post of Jr. Accountant in office of respondent Housing Board, against order dated 1.9.1996 (Ann. 17). whereby her paternal uncle ("Tauji") was appointed as work-charged helper under compassionate rules after obtaining consent of her mother Smt. Savita Sharma and her paternal grand mother.

(2.) Facts, in brief, are that petitioner's father B.S. Dixit while working as Jr. Accountant In Rajasthan Housing Board, died on 27.10.1988 and left behind him in family - His mother, wife Smt. Savita Sharma who was working as teacher in Government School and re-married to B.S. Shringi on 4.2.1995 and petitioner who was minor and 5 years of age at that time. Petitioner's grand mother and mother both extended their consent vide letters dated 29.3.1990 (Ann. R/7 and R/8). dated 30.7.1996 (Ann. 18) and dated 16.9.1995 (Ann. 19) respectively to consider her paternal elder uncle (Tauji) K.C. Sharma (respondent 3) for his appointment under Rajasthan Recruitment of Dependents of Government Servants Dying while in Service Rules. 1975 Rules, 1975"). Treating respondent 3 as close relative being real elder brother of deceased, who was appointed vide order 1.9.1996 (Ann. 17) as work-charged helper in pay scale of Rs. 750-940 in pursuance whereof he joined. Being aggrieved, petitioner has challenged its validity after 7 years of his joining. Hence, this petition.

(3.) Counsel for petitioner vehemently contends that after petitioner's mother got remarried in 1995. neither her mother nor grand mother were at all competent to give consent for compassionate appointment under Rules, 1975 particularly when she alone remained legal heir for seeking appointment as member of family of deceased employee under Rules, 1975: in such circumstances, very order of appointment in favour of respondent 3 who was overage at relevant time is persebad and in violation of Rules. 1975.