1 S.B.CIVIL WRIT PETITION NO.1033/2007 Mani Vs. The Secretary, A.V.V.N.Ltd. Ajmer & Ors. Date of Order :: 18.8.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Miss Aruna Negi, for the petitioner. Mr. Manoj Bhandari, for the respondents. ... By this petition for writ the petitioner is claiming appointment on compassionate grounds being widow of late Sh. Laxmi Ram Damore who died on 24.12.2004 while in service of respondent – Ajmer Vidyut Vitran Nigam Ltd., Ajmer in the office of Assistant Engineer(Rural), Sagwada, District – Dungarpur. The stand of the respondents while denying the appointment to the petitioner is that the petitioner's husband late Sh. Laxmi Ram was working on urgent temporary basis and he died before completing one year's continuous service and as such he can not be treated as a “deceased government servant” as defined under clause (b) of Rule 2 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. It is also stated that the application submitted by the petitioner for appointment on the compassionate grounds was not within the limitation prescribed that of 45 days. 2 Having considered the arguments advanced and also the record I do not find any merit in the reasons advanced by the respondents for denying appointment to the petitioner. Sh. Laxmi Ram was employed with the respondents on 16.6.2004 on compassionate grounds and as such his appointment was in substantive capacity and not on urgent temporary basis. The case of the petitioner is required to be governed by treating late Sh. Laxmi Ram as a deceased government servant as per Rule 2(b)(ii) of the Rules of 1996. So far as delay in filing the application is concerned that is of no consequence as the application was submitted within a period of 90 days from the date of death of Sh. Laxmi Ram. The petition for writ, therefore, is allowed. The respondents are directed to consider and provide appointment to the petitioner being widow of late Sh. Laxmi Ram Damore who died while in service of the respondent-Company on 24.12.2004. The compliance of the directions given is required to be made on or before 1.10.2008. (GOVIND MATHUR), J. Jgoyal '