CW 267/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.267/2006 Mahesh Chand Sharma Versus State & Ors. Date of Order ::: 12/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Babulal Gupta, for petitioner Mr. Chetan Bairwa, Addl. Govt. Counsel, for respondents. Instant petition has been filed by petitioner seeking compassionate appointment on account of death of his elder brother, who died on 23/06/1996 while in service holding post of Beldar in Department of Public Health Engineering. Indisputably, father of petitioner is already in Government service but on account of death of his brother, he submitted application seeking compassionate appointment on the premise that he was residing with his brother deceased government servant and upon whom, he was dependent for all practical purposes. Counsel for petitioner submits that since on the date of death of his brother (23/06/96 and on which date, petitioner submitted application seeking compassionate appointment, Rajasthan Recruitment of Dependents of Government Servant Dying while in service Rules, 1975 (“Rules, 1975”) was in force; as such his application was required to be considered for appointment under Scheme of CW 267/06 //2// Rules, 1975 and not under Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (“Rules, 1996”). Submission made by Counsel is without any merit for the reason that Rules, 1975 stood repealed by virtue of R.15 of Rules, 1996, as per which only action taken under Rules, 1975 were saved; in such circumstances, all pending applications prior thereto were required to be considered under Rules, 1996. That apart, petitioner being brother of deceased Government servant was not dependent as per definition U/r 2 (c) of Rules, 1996 and when his father was in Government service, he was otherwise also not entitled to seek compassionate appointment. Consequently, writ petition fails and is hereby dismissed. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.2/267CW06-12FbCmpsApt.doc