SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for issuing direction to the respondents to give employment on compassionate ground under the Rajasthan Recruitment of Dependents of Deceased Government Servant Dying while in Service Rules, 1975 (hereinafter referred to as the Rules of 1975).

(2.) THE facts and circumstances giving rise to this case are that petitioner's father Narpat Singh was working as Driver with the Executive Engineer, Public Works Department, Jodhpur, and while in service, he died on 26.9.1990. At the relevant time, petitioner was studying in Diploma in Mechanical Trade and he filed an application for employment under the said Rules in 1994. Petitioner's application was forwarded to the Department of personnel vide communication dated 12.3.1996 and the Deputy Secretary of Department of personnel, in his letter verified that as petitioner's father was in the regular cadre, he was entitled for appointment on regular basis and with this endorsement, petitioner's application was sent to the Office of the Chief Engineer (Annexure. 1). The grievance of the petitioner is that in spite of clear direction issued by the Department of Personnel for giving appointment on regular basis to the petitioner he had not been offered suitable employment on compassionate ground, rather he was offered the post of Beldar in 1997, which petitioner did not accept.

(3.) MR . G.K. Vyas learned Counsel for the petitioner has submitted that if a person works under the Rules of 1964 and completes ten years service, he becomes eligible for consideration and grant of permanent status and once the said status is conferred on him, the provisions of the Rajasthan Service Rules, 1951 (hereinafter called the Rules of 1951) become applicable on him and, therefore, on the basis of that, appointment must be offered to the petitioner considering his father as a government employee, in whose case the provisions of the Rules of 1951 are applicable.