MANJU KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a widow of Late Shri Samrath Singh who died on 23. 12. 2004 while holding the post of Gram Sewak in Panchayat Samiti Siwana District Barmer.

(2.) THE grievance of the Petitioner is that despite of the fact that she is widow of a substantive Government servant and made a requisite application the respondents have not accorded her appointment under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred to as "the Rules of 1996" ).

(3.) THERE is no dispute that Shri Samrath Singh, husband of the petitioner, was employed with the respondents being a surplus employee of Gram Panchaya Samdari and the appointment was given under the instructions of the Government of Rajasthan. The deceased employee was working against a permanent vacancy and it regular capacity though for a period of two years he was placed on probation with consolidated honorarium. Under the Rules of 1996 wards of substantive Government servants are entitled for appointment on compassionate grounds. THERE is no doubt that a probationer holds a substantive post and, therefore, a ward of a deceased probationer is also entitled for appointment under the Rules of 1996. The mode of payment of salary is no bearing while considering candidature of a person for appointment under the Rules of 1996.