1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3828/2005 (Harish Chauhan Vs. State of Raj. & Ors.) Date of order : 08.04.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Hamant Baleni on behalf of Mr. Vinod Purohit, for the petitioner. Heard learned counsel for the petitioner. By way of filing the present writ petition, the petitioner has prayed for direction to the respondents to provide him appointment on compassionate ground in accordance with the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred to as “the Rules of 1996”, only). The petitioner's claim was rejected by the 2 respondents department on the ground that the petitioner's mother Smt. Suraj Kanwar W/o late Shri Umrao Singh Chauhan, is already in government service. The petitioner is claiming his appointment under Rule 5 of the Rules of 1996. The validity of Rule 5 of the Rules of 1996 was upheld by Hon'ble Division Bench of this Court. Rule 5 of the Rules of 1996 reads as follows : “Rule 5. Appointment subject to certain conditions :- When a Government servant dies while in service one of his/her dependants may be considered for appointment in government service subject to the condition that employment under these Rules shall not be admissible in cases where the spouse or atleast one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the Central/any State Government or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government servant.” Upon perusal of the aforesaid Rule 5 of the Rules of 1996, it is clear that the legislature has specifically provided that When a Government servant dies while in service one of his/her dependants may be considered for appointment in government service subject to the condition that employment under these 3 Rules shall not be admissible in cases where the spouse or atleast one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the Central/any State Government or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government servant. While interpreting this Rule, the Hon'ble Division Bench of this Court in case of Jaya Bhaduri & Ors. Vs. State of Rajasthan & Anr. Reported in 2002 (1) DNJ (Raj.) 120 has held that if one member of the family is already in service then benefit under Rules of 1996 is not admissible. In this case admittedly, the mother of the petitioner is already in service, therefore, in view of the judgment of Hon'ble Division Bench in case of Jaya Bhaduri & Ors. (supra), I find no force in this writ petition. Accordingly, the same is dismissed. (GOPAL KRISHAN VYAS), J. arun