NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN view of the conflicting decisions rendered by the learned Single Judges regarding the ambit and scope of Rule 5 of the Rajasthan (Recruitment of Dependents of Government Servant Dying while in Service) Rules, 1975 (hereinafter as 'the Rules'), the learned Single Judge, vide order dated 25.7.1997, has referred the matter to the Larger Bench for resolving the controversy under proviso (c) to Rule 55 of the Rajasthan High Court Rules, 1952. The issue referred to reads as under:

(2.) THE petition reveals that the petitioner was having the requisite qualification for appointment to the post of Lower Division Clerk under the State Government and he applied for the benefit of the said Rules by giving him employment on compassionate ground because of the death of his mother late (Smt.) Damyanti Togar, who was working as the Assistant Teacher in the Education Department. The Department, vide order dated 13.10.1994 contained in Annexure. Rule 1, rejected the claim of the petitioner by stating that the petitioner was not entitled for the benefit under the Rules as he had been dependent on his father who is still in government service. The applicant is aggrieved of the said order and his submission has been that inspite of the fact that his father is still in the government service, he is entitled for the benefit of the said Rules. For the same, reliance has been placed on the judgment in: Gulshan Chopra v. State of Rajasthan and Ors. 1990 WLN (UC) 249, delivered by Hon'ble Miss Kanta Bhatnagar, J. (as she then was), wherein it has been observed as under:

(3.) HOWEVER , the respondents have placed reliance on the judgment of the Hon'ble Mr. Justice B.J. Shethna dated 7.1.1997 passed in S.B. Civil Writ Petition No. 24/1996, wherein it has been categorically held that in case the father of the applicant is alive and capable to maintain his son, he may not be entitled for compassionate employment in case of death of his mother, who died while in service as it cannot be said that the son was dependant on his mother and not on his father.