CW 8559/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8559/2007 Manoj Kumar Versus State & (2) Ors. Date of Order ::: 16/09/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Mukesh Pal, for petitioner Instant petition has been filed by petitioner seeking compassionate appointment under Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (“Rules, 1996”) in place of his father (Suresh Chand) who died on 30/01/95 while serving as Safai Karamchari in Nagar Palika Ramganj Mandi (Kota). Taking note of R.5 of Rules, 1996, petitioner has been denied consideration for compassionate appointment. Counsel submits that since his father died prior to Rules, 1996 came into force; as such his application seeking compassionate appointment should have been considered under Rajasthan Recruitment of Dependents of Government Servants (Dying while in service) Rules, 1975 (“Rules, 1975”). – as per which there was no restriction seeking compassionate appointment even if member of deceased family is employed in State Government or autonomous body. This contention is devoid of merit for the CW 8559/07 //2// reason that after Rules, 1975 stood repealed upon enforcement of Rules, 1996 and as provided in R.15 of Rules, 1996, relating to "Repeal & Saving clause", orders passed under Rules, 1975 alone were saved. As a consequence whereof, pending applications were to be considered only under Rules, 1996 and not under repealed Rules, 1975. U/r 5 of Rules, 1996 if a member of deceased family is employed in State or Central Government or autonomous body, that dis-entitles other dependant of family of decease dGovernment for claiming compassioante appointment. I do not find justification to interfere with order impugned. Consequently, writ petition fails and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p2/8559CW07ds1609cmsapt.doc