OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties at length. The controversy, which has arisen for consideration of this Court in the instant writ petition is as to whether the legal heir/dependent of the deceased Government servant is entitled to the benefit of appointment in Government service in accordance with the Rajasthan Recruitment of Dependents of Government Servants (Dying while in Service) Rules 1975 ('for short the Rules, 1975'), particularly when the death of the deceased father of the petitioner is itself in question and the same has not been proved beyond any shadow of doubt on the record?

(2.) THE facts giving rise to the filing of this writ petition briefly stated are that the petitioner's father is alleged to have suffered from mental disorder and had in that state of mind had applied for obtaining leave to the school authorities viz. Senior Higher Secondary School, Dhani Boraj, where he was employed as a teacher vide (Annexure -1) on the record.

(3.) IT has further been indicated in the said application that the petitioner's father in the state of mental disorder during his service tenure had submitted the leave application to the school authorities on 17.04.1967 and thereafter he had neither returned back nor have reported for duty to the school authorities.