KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE all the writ petitions involve similar question of law, therefore, they are being decided by this common judgment.

(2.) THE short controversy in these writ petitions is that the petitioners were given appointment under the Rajasthan Recruitments of Dependants of Government Servant Dying While in Service Rules, 1975 on daily wage basis, although the petitioners fathers were regular employees with the respondents.

(3.) AFTER considering the above circular this Court has observed as under:- ``rules 1975 have statutory force. Appointment of dependent of a deceased government servant on compassionate grounds under Rules 1975 is a regular appointment for all purposes and the said appointment cannot be treated as temporary or casual. A person appointed under Rules 1975 cannot be left at the mercy of the employer in the capacity of temporary or casual employee. The only case which has to be taken is that such appointment should not unduly interfere with the right of other persons who are eligible for appointment to seek employment against the post which would have been available to them but for the provision enabling appointment being made on compassionate grounds of the dependent of a deceased employee. ''