1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7718/06 Moorti Devi Meena vs. The Secretary, Panchyati Raj Department & Ors. Date of order : 27/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bharat Yadav for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** Learned counsel for the petitioner has submitted that the prayer of the petitioner who is widow of Shri Mool Chand Meena, who died in an accident on 23.8.2001 while serving in Zila Parishad, Bundi as Teacher Gr.III for compassionate appointment was arbitrarily rejected by the respondents vide order dated 18.6.2005 citing the reason that no post of Class-IV was available with them. It was submitted that by the same order, application of one Smt. Annu Mewara was also rejected on the same ground by the same authority i.e. the Chief Executive Officer, Bundi. This Court in S.B. Civil Writ Petition No.7719/06, Annu Mewara vs. the Secretary, Panchayati Raj Department & Ors. vide judgement dated 10.2.2009 found the reasons cited by the respondents as 2 incorrect and from records that were produced before the Court it was proved that not only number of posts were available with the respondents but appointments were granted to several persons on the post of Class-IV employee. The writ petition was therefore allowed with direction to the respondents to consider the case of the petitioner for appointment against suitable posts under the Rajasthan Recruitment of Dependents of Government Servants Dying while in Service Rules, 1996 with cost of Rs.10,000 recoverable from the defaulting officer. The learned counsel for the respondents though opposed the writ petition but is not in a position to distinguish the case of the petitioner from that of Annu Mewara. The controversy in the present writ petition is squarely covered by the aforesaid judgrment. The writ petition is therefore allowed. The impugned order passed by the respondents dated 18.6.05 which was wholly quashed by the aforesaid judgement in Annu Mewara, is quashed for the purpose of the petitioner as well. The respondents are directed to 3 consider her case against the suitable posts under the Rules of 1996 with consequential benefits from the date of the application made. Compliance of the judgement be made within two months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/