1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2451/2002. : : Chanderbhan Singh Vs. Principal Chief Conservator of Forest, Rajasthan & Ors. : : Date of Order 7.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. B.B.L.Sharma for the petitioner. Mr. Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed with the prayer that the respondents be directed to give regular/permanent appointment to the petitioner. Shri B.B.L.Sharma, learned counsel for the petitioner submitted that even though the father of the petitioner had completed 10 years of service and was granted permanent status with the respondents, when he died the respondents appointed the petitioner on compassionate ground on daily wages, such an appointment was contrary to rule because an appointment has to be made on regular basis. It is contended that the stand of the 2 respondents that petitioner's father has not completed 10 years of service is illegal and arbitrary. Reliance in this connection is placed on record seniority list dated 20.12.1990, which indicates that date of appointment of the petitioner's father as 1.9.1983 and that he completed 10 years of service on 1.4.1993 and was granted permanent status on 1.4.1993. He however unfortunately expired on 8.3.1997. The respondents in reply to the writ petition have contended that two elder brothers of the petitioner are already in Government service namely; Raghuraj Singh and Dilip Singh, who are serving in Indian Army. According to the settled law if any member of the family of the deceased Government servant is in Government service, then no other person can be given appointment on compassionate grounds. It is contended that Government even than taking sympathetic view of the matter appointed the petitioner. Learned counsel for the respondents submitted that in course of time the petitioner is also entitled to be granted semi permanent status and permanent status respectively on completing 2 and 10 years of service. It is argued that as per Rule 3 & 4 of the Rajasthan Recruitment of Dependents of Government Servants Dying While In Service Rules, 1975 if 3 already a son of deceased Government servant is in Government service another son would not be entitled to take Government service. Even than the Government has shown a benevolent gesture and taking sympathetic view of the matter appointed the petitioner. I, therefore, do not find any merit in this writ petition particularly when the petitioner is entitled for benefit of semi permanent status and permanent status. This writ petition is accordingly dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.34.