SBCWP NO.662/04. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.662/2004. Kanta Versus State of Rajasthan & Ors. Date of order:- January 15, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri Tanveer Ahmed for the petitioner. Shri Arpit Srivastava for the respondents. ***** BY THE COURT :- Heard learned for the parties. 2) The writ petition has been filed with the prayer that the Management Committee of Adarsh Vidya Mandir School be directed to provide to the petitioner appointment on the post of Class-IV employee on compassionate ground because her husband late Shri Deepak Nawal died in service while working as Class-IV employee with the respondents on 2/8/2003. 3) Shri Tanveer Ahmed, learned counsel for the petitioner has argued that earlier Rajasthan (Recruitment of Dependents of Government Servant Dying While In Service) Rules, 1975 was applicable to the respondent-school and therefore when the said Rules were repealed by virtue of Section 6 of the General Clauses Act, the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 were applicable to the respondent-school. 4) State of Rajasthan in reply to the writ petition denied the applicability of the Rules of SBCWP NO.662/04. 2 1975. Learned counsel appearing for respondent No.3 in fact refuted that respondent No.2, the Management Committee, Adarsh Vidya Mandir is receiving grant-in- aid. Learned counsel for the petitioner also could not produce on record any such circular or instruction of the government applying the compassionate appointment rules even to the aided educational institutions. 5) No case for issue of mandamus is made out. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil