SBCWP No.9010/2006. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. J U D G M E N T S.B. CIVIL WRIT PETITION NO.9010/2006. Anil Kumar & Anr. Vs. State of Rajasthan & Ors. Date of Judgment : September 23, 2008. PRESENT HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Suresh Kashyap for the petitioner. Shri B.L. Awasthi, Additional Government Counsel. **** BY THE COURT :- This writ petition has been filed challenging the order dated 13/7/2006 on the ground that merely because petitioner No.1 was born to petitioner No.2 from another person and not from the deceased governmemt employee, he cannot be denied compassionate appointment. 2) Shri Suresh Kashyap, learned counsel for the petitioners while referring to the provisions of the Rajasthan Compassionate Appointment to the Dependants of Deceased Government Servant Rules, 1996 (for short, "Rules of 1996") argued that step son has to be treated as member of the family and therefore a dependant of the deceased government employee. It was SBCWP No.9010/2006. 2 argued that in Chudda community, there was a system of Nata and that when father of petitioner No.1 died, his mother married to Shyamlal thus, petitioner No.1 cannot be denied appointment on compassionate ground. 3) Shri B.L. Awasthi, learned Additional Government Counsel opposed the writ petition. While referring to the definition of 'dependant' under the provisions of Section 2(c) of the Rules of 1996, he argued that step son has not been included in the definition of 'dependant' and thus petitioner No.1 could not be given appointment on compassionate ground. 4) On consideration of the arguments aforesaid and perusal of the definition of 'dependant', I find that step son has not been included in the definition of 'dependant'. This court cannot give extended meaning to word 'dependant' contrary by process of reasonings or interpretation or by applying the provisions of the Hindu Adoption and Maintenance Act, 1956. The action of the respondents therefore cannot be faulted. The respondents cannot by issue of mandamus be directed to act contrary to the aforesaid rules. The writ petition being devoid of merit, is hereby dismissed. (MOHAMMAD RAFIQ), J. anil