GAURAV SHARMA S/O SH. GOPI KRISHAN SHARMA Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, GOVT. OF RAJASTHAN JAIPUR & ORS.

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has laid a challenge to the order dated 14.03.2016 whereby, his application, seeking compassionate appointment under Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (hereinafter to be referred as the "Rules of 1996") has been rejected.

(2.) The facts, in brief, for the decision of the present writ petition are that the father of the petitioner namely, Gopi Krishan Sharma, had been working on the post of Male Nurse, when he expired on 19.01.2016. The petitioner, being son of the said deceased employee, applied for compassionate appointment under the aforesaid Rules of 1996. The petitioner's application has been rejected by the respondents way of the order impugned dated 14.03.2016 stating that the petitioner's elder brother namely, Gautam, aged 28 years, has been working in the Government Service w.e.f. 06.05.2015. The relevant part of the order impugned dated 14.03.2015 is reproduced as under:- ...[VERNACULAR TEXT OMITTED]...

(3.) Assailing the order impugned dated 14.03.2016, Mr. Pramendra Bohra, learned counsel for the petitioner, contended that the petitioner's brother, said Gautam, does not come within the definition of 'Dependant', as on the date of death of the deceased employee, he had got married and was given appointment and, as such, he cannot be treated to be a 'Dependant' of the deceased employee.