BHAWANI SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The writ petitioner happens to be the son-in-law of the one Late Bhanwar Singh, who was a Government Servant employed as a Prahari in the service of the Inspector General of Prisons, Rajasthan, and who died on 1.5.1989 while in service. The petitioner's father-in-law left behind him two married daughters and his widow Smt. Uchhab.Kanwar, and the mother-ire-law stays with the present petitioner who looks after her. The said mother-in-law nominated the writ petitioner, who happens to be her son- in-law, to be considered for appointment on compassionate grounds under the Rajasthan Recruitment of Dependents of Government Servants (Dying while in Service) Rules, 1975 (for short the Rules'), and to that effect his mother-in-law submitted an application in the office of respondent No. 2. Respondent No. 2, however, asked his mother-in-law to submit an application in the prescribed proforma, as per communication dated 30.1.1993. The mother-in-law thereafter submitted an application in the prescribed proforma alongwith necessary affidavits and it was submitted through the Superintendent of Central Jail, Jodhpur, and thereafter by a letter dated 18.3.1993 from the Office of the Inspector General of Prisons, the Superintendent of Central Jail, Jodhpur, was instructed to immediately forward the application, if any, submitted by the dependents of Late Bhanwar Singh, and the Superintendent of Central Jail, Jodhpur, forwarded it to the Inspector General of Prisons. His mother-in-law thereafter submitted another letter dated 23.8.1993 to respondent No. 2 praying for an appropriate order being passed for the appointment of her son-in-law. Ultimately the letter dated 23.8.1993 was issued to the petitioner's mother-in-law for submitting an age certificate along with a Circular dated 28.3.1987. A medical certificate was duly forwarded as per requirements and thereafter the mother- in-law received another letter dated 7.9.1993, in reply to which she submitted a representation dated 12.10.1993. The Inspector General of Prisons sought a concurrence from the Department of Personnel vide his letter dated 13.9.1993 but the Assistant Secretary, Department of Personnel (A- II), gave out that the nomination of Smt. Uchhab Kanwar was not acceptable. It was stated that the widow could maintain herself with the family pension. It is the submission of the petitioner that his case has been kept pending for all these years and there was no reason for his genuine grievance in the matter not having been processed through.

(2.) The learned advocate for the writ petitioner draws Court's attention to a Division Bench judgment of our Court rendered in Rajendra Singh and another Vs. State of Rajasthan and others, 1994 (2) WLC (Raj.) 722 , wherein the widow of the deceased nominated her grand son-in-law for being appointed in place of the deceased under the Rules. It was held that the application should be forwarded to the Department of Personnel for approval and appointment be made after such approval, if so obtained.

(3.) In the facts and circumstances of the present case this Court can also direct the application of the writ petitioner as also the nomination of his mother-in-law to be forwarded for consideration by the Department of Personnel through the Office of the Inspector General of Prisons, Rajasthan, so that a due consideration be made in respect of the representations, within a period of three months from the date of this order, by way of a speaking order. Ordered accordingly.