CW 2248/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.2248/06 Smt. Maina Devi Versus State & Ors. DATE OF ORDER : 11/09/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Rajeev Sogarwal, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Widow has approached this court by filing instant petition seeking compassionate appointment under Rajasthan Compassionate Appointment of Dependants of Deceased Government Service Rules, 1996 [“Rules, 1996”] and application was rejected by the respondents vide order dt.2nd September, 2003 on the premise that deceased government servant was not covered under R.2(b) of the Rules, 1996. Husband of petitioner Late Shri Mahavir Prasad joined as Assistant Secretary on 13th June, 1979 and while in service died on 4th June, 2001. After his death, his widow-petitioner submitted application seeking compassionate appointment under Rules, 1996 and the State Government referred the matter to Chief Executive Officer, Zila Parishad, Alwar to consider the case for compassionate appointment and the documents which the respondents have placed on record along with reply consistently show that it was under active CW 2248/06 [2] consideration for compassionate appointment. However, the Government later on communicated the decision to the petitioner on 2nd September, 2003 holding that since her husband was not covered under R.2(b) of the Rules, as such she is not eligible to seek compassionate appointment. R.2(b) of Rules, 1996 reads ad infra: “2.(b) “Deceased Government Servant” means a person who was employed in connection with affairs of the State including a member of the All India Services of Rajasthan State Cadre and whose pay was debitable to the consolidated fund of the State and who died while in service and who was :- (i) Permanent, or (ii) holding a post temporarily after appointment on regular basis, or (iii) appointed against a regular vacancy on urgent/temporary appointment and had put in one year's continuous service as such;” R.2(b) of Rules, 1996 clearly postulates that such employees who are working in connection with affairs of the State in permanent, on urgent temporary basis and had put in one year's continuous service are considered to be a deceased government servant under the Scheme of Rules, 1996 and those dependents are eligible to be considered for compassionate appointment under R.5 of the Rules and so far as educational qualification with regard to appointment in the cadre of Class IV is CW 2248/06 [3] concerned, the same also stands dispensed with in terms of R.7(2) of the Rules, 1996. The deceased government servant was in service of respondents as Assistant Secretary since June, 1979 and he died while in service on 4th June, 2001 and certainly was a deceased government servant under R.2(b) of the Rules, 1996 and widow who submitted application seeking compassionate appointment was entitled for consideration under R.5 and educational qualification also stands dispensed with in terms of R.7(2) of the Rules and in the existing Scheme of Rules, 1996. In the opinion of this court, rejection made by the respondents vide order dt.2nd September, 2003 (Ann.R.8) is not legally sustainable. Consequently, writ petition stands allowed. The order Ann.R/8 dt.2nd September, 2003 is hereby quashed and set aside. Respondents are directed to consider the case of petitioner for compassionate appointment under Rules, 1996. Appropriate orders be passed within two months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA2248CW06 11-9.doc