GAJENDRA SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) One prabhu Singh was working as Class-IV employee in the office of Commissioner (Elementary Education) Bikaner. He died while in service on 03.02.2008. The said employee prabhu Singh had only one son of Sh. Narayan Singh who died on 22.06.2001 leaving behind his one son Gajendra Singh and three daughters. The deceased prabhu Singh in his wife time executed will on 13.12.2005 which was presented for registration on 13.12.2005 and it has been registered. In this will also, the deceased prabhu Singh clearly mentioned that he has only one son and he also died leaving behind his grand-son Gajendra Singh. Said Gajendra Singh applied for appointment on compassionate ground under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996. The petitioner Gajendra Singh's application was rejected by the respondents vide order 31.03.2008 (Annexure.5) merely on the ground that since petitioner Gajendra Singh is grand-son of the deceased, therefore, is not entitled to give appointment on compassionate ground under the Rule of 1996.

(3.) Learned counsel for tire State vehemently submitted that the petitioner being grand-son of the deceased employee cannot be given appointment under the Rules of 1996 as the dependant with reference to the employee has been defined in the Rules of 1996 wherein grand-son has not been included. It is also submitted that the respondents yet to enquire whether the petitioner is the only son of the deceased government employee or not.