CW 7866/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7866/06 Rajiv Vyas Versus State & Ors. DATE OF ORDER : 10/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Rajneesh Gupta, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner seeking compassionate appointment under Rajasthan Compassionate Appointment of Dependants of Deceased Government Service Rules, 1996 [“Rules, 1996”]. Petitioner's father late Shri Gopal Lal Sharma who was serving as Teacher while in service died on 2nd February, 2005. Petitioner being eldest son and dependent upon deceased government servant, submitted application seeking compassionate appointment in terms of R.10 of Rules, 1996. Correspondence between the authorities took place and vide Ann.4 dt.25th April, 2006 information was disclosed that petitioner's application was also pending before CW 7866/06 [2] the District Collector for disposal, but anyhow in absence of meeting of Establishment Committee, further action could not have been taken by the respondents on his pending application and since breadwinner of their family died while in service and the respondents have also failed to pass orders under Rules, 1996, hence, the petitioner was constrained to approach this court by filing instant petition. Respondents have filed reply to the writ petition wherein it has been averred that application of the petitioner could not have been considered on account of non-availability of vacancies in the department. No other objection has been raised in regard to application submitted by the petitioner seeking compassionate appointment under the Rules, 1996. I have heard counsel for parties and perused the material on record. Under the Scheme of Rules, 1996, application submitted by dependant of deceased government CW 7866/06 [3] servant covered under R.2(c) of the Rules is to be considered for appointment subject to certain conditions referred to under R.5 for appointment. As per R.6 of the Rules, those who are eligible for seeking compassionate appointment as dependant upon deceased government servant are to be considered for appointment looking to their qualification prescribed for the post under the concerned Service Rules. At the time of appointment, the petitioner has disclosed his qualification in his application form. It is not the case of the respondents that petitioner was not eligible to hold either of the posts which are included in the Schedule appended to Rajasthan Panchayati Raj Rules, 1996. Averment made by the respondents about non-availability of vacancies is totally vague and it was not disclosed that against which post the petitioner was to be considered. In absence whereof, the petitioner is certainly entitled for consideration for appointment against suitable available post looking to his qualification under the Rules, 1996 which cannot be denied to him. CW 7866/06 [4] Consequently, writ petition stands allowed. Respondents are directed to consider the candidature of petitioner against suitable vacant post available under the Rules, 1996. Respondents may ensure compliance within three months. No costs. [AJAY RASTOGI], J. FRBOHRA7866CW06 10-12.doc