D.B. CIVIL SPECIAL APPEAL (WRIT) NO.343/2008 Dwarka Prasad Vijay Vs. State of Rajasthan & Ors. Date of Order :: April 10, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sorabh Purohit for the appellant. *** Heard learned counsel for the appellant. By the order impugned, prayer of the writ petitioner-appellant for appointment on compassionate ground was rejected on the ground that his elder brother was already employed. It is submitted by the learned counsel that elder brother of the appellant since was living separately, he applied for appointment on compassionate ground, and thus, his case would not be covered under Rule 5 of the Rules framed by the State Government. The learned Single Judge of this Court having considered the provisions of Rule 5 of the Rules framed by the State Government held that prayer of the writ petitioner was not sustainable in view of the judgment of the Supreme Court in the case of Umesh Kumar Nagpal Vs. State of Haryana & Others, 1994 (4) SCC 138. Rule 5 of the Rules contemplates that appointment on compassionate ground would not be permissible in case at least one of the dependants of the deceased is gainfully employed. It is not in dispute that elder brother of the appellant was already employed from before. The submission of the counsel for the appellant, therefore, should not be accepted in view of the employment given to the elder brother of the appellant. -2- The discretion exercised by the learned Single Judge of this Court in the background of the case, therefore, cannot be said to be either bad in law or on facts. This appeal is accordingly dismisssed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-