LAWS(RAJ)-2019-9-125

HARPHOOL SINGH Vs. STATE OF RAJASTHAN

Decided On September 12, 2019
HARPHOOL SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The petitioner by this writ petition assessed the appointment given to the respondent No.7 on the post of LDC in the order dated 09.10.1990 on compassionate grounds.

(2.) Learned counsel for the petitioner submits that the petitioner has locus to file a writ of quo-warranto in lieu of law laid down by the Apex Court in the case of Rajesh Awasthi Vs. Nand Lal Jaiswal & Ors., (2013) 1 SCC 501 as a citizen of India.

(3.) Learned counsel further submitted that appointment of the respondent No.7 was not in consonance with the Rajasthan Recruitment of Dependents of Government Servant (dying while in service) Rules, 1975 (hereinafter referred as "the Rules of 1975") as the respondent's mother was already in service at that time and therefore he could not have been appointed.