GULSHAN CHOPRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition Under Article 226 of the Constitution of India, petitioner has challanged the impugned Order Annexure -2 dated 30.3.88 by which his services as L.D.C. were terminated.

(2.) PETITIONER 's mother was in employment as Grade III Teacher with the Government of Rajasthan in the Education Department. She expired on 19.9.75 while in service. The petitioner, after passing B.Sc. examination, applied for appointment as L.D.C. under the provisions of the Rajasthan Recruitment of Dependents of Government Servants dying while in Service Rules, 1975 (for short 'the Rules' hereinafter) and vide Order Annexure -1 dated 3.2.88 was given appointment as L.D.C. in the Education Department. Thereafter vide Annexure -2 dated 30.3.88, the impugned Order, his services were terminated on the ground that his father was not only alive but was also in the Government Service and therefore he did not fall within the definition of 'dependant of deceased Government Servant.' As averred in the Writ Petition, petitioner filed a suit in the Court of Munsif Magistrate, Sadulsahar. In these proceedings he filed an application Under Order 39 Rules 1 and 2 and interim injunction order was granted. He continued in service in pursuance of that Order but on 19.5.89 vide Order Annexure -3 the temporary injunction was vacated in view of the administrative Order passed by the Education Department. The Petitioner withdraw the suit and approached this Court for relief.

(3.) NOTICE was issued to the respondents but no reply has been filed. I heared Mr. M. Mridul for the petitioner and Mr. Hemant Chaudhary, Assistant Government Advocate for the respondents.