Pramod Kumar vs The State of Rajasthan and Others

M.R. Calla, J.—Heard learned Counsel for the parties.

The petitioner in this case has filed this writ petition against the denial fo employment to him under the provisions of the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules, 1975. "

The petitioner''s father was a teacher in the Education Department and while being in service he died on 8th January 1971. The petitioner was minor at the time of the death of his father. After passing Secondary Examination in the year 1982, he applied for employment under the aforesaid Rules of 1975, which came into force with effect from 2nd Sept. 1972. The employment has been denied to the petitioner on the ground that the said Rules of 1975 came into force with effect from 2nd September 1972, while the father of the petitioner expired prior to 2nd September 1972. It has been held by a Division Bench of this Court in the case of Shasi Kant v. State of Rajasthan, reported in 1989 RLR 586 that merely because the Rules came into force with effect from 2nd September, 1972, employment cannot be denied to the dependants of a government servant dying while in service.

In view of the Division Bench decision of this Court, as stated above, this writ petition is allowed and the respondents are directed to process the application of the petitioner for suitable employment and keeping in view his qualification, employment be provided to the petitioner on a suitable post in accordance with Rules. The aforesaid directions will be complied with within a period of two moths, from the date the copy of the judgment is received.

The writ petitioner is allowed as indicated above.