1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6800/2005. : : Smt. Shanti Devi & Anr. Vs. State of Rajasthan & Ors. : : Date of Order 21.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.L.N.Boss for the petitioner. Mr.S.S.Sharma, Govt.Counsel for the State. This writ petition has been filed challenging the order dated 7.3.2003 passed by the respondents whereby the application of the petitioner No.2 Ram Gopal Saini for his compassionate appointment, on account of death of his younger brother Prakash Saini while serving the respondents, was rejected. The District Establishment Committee rejected the application on the ground that petitioner No.2 Ram Gopal Saini cannot be considered as dependent of Late Shri Prakash Saini. Learned counsel for the petitioner has argued that Prakash Saini himself was appointed on compassionate ground by the respondents because the death of his father on 14.5.2000. Prakash Saini and both the petitioners herein 2 were dependent on his father and now subsequently Prakash Saini himself died in an accident on 30.3.2002. At that time he was unmarried and both the petitioners namely; mother and brother were dependent on him. Learned counsel for the respondents opposed the writ petition and submitted that appointment on compassionate ground can only be granted in accordance with the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996. Since the elder brother of the deceased employee cannot be considered as a dependent the District Establishment Committee on 7.3.2003 rejected the same. It was argued that death has taken place on 30.3.2002 and already six years have gone by since then. Peculiar facts of this case clearly indicate that it is indeed a very hard case where the petitioners lost her husband who was head of the family and thereafter the son, who was appointed on compassionate ground. But then, action of the respondents has to be judged on the guidelines contained in the Rules of 1996. If under the Rules, elder brother is not considered as dependent, the petitioner No.2 cannot be granted appointment on compassionate grounds. The mother of the deceased is one of the petitioners in this 3 matter but she is more than 60 years of age, she also cannot be offered such appointment. The respondents, therefore, ought to have considered the case of the petitioner for grant of ex-gracia pension if she otherwise is not receiving the family pension. She may in this connection make representation which shall be considered by the respondents in accordance with the Rules. In the result, this writ petition is accordingly dismissed with the aforesaid direction. (MOHAMMAD RAFIQ)J. A.Arora/-