1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 4114/2006 (Umar Khan Vs. State of Rajasthan & Ors.) Date of Order : 02/03/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sanjeet Purohit for the petitioner. Mr. B.L.Tiwari, Dy. Govt. Advocate for the State. BY THE COURT:- Learned Deputy Government Advocate is directed to accept notice for final disposal. He accepts the notice. With the consent of learned counsel for the parties, the matter is heard and decided finally at the admission stage. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to appoint him on compassionate ground. I have heard learned counsel for the parties. It is contended by learned counsel for the petitioner that the petitioner's father Shri Musa Khan was a permanent employee of the respondent department working on the post of Foreman and while in service his father died on 17.11.2003, a death certificate to this effect has been placed on record as Annex-1. The petitioner passed his middle school examination in 2 the year 1983 and also passed ITI examination in the year 1985 vide Annex.2 and 3 respectively. Thereafter the petitioner underwent the training of the Welding Trade under TRYSM Scheme of the Government. The petitioner applied for compassionate appointment after death of his father vide Annex.4. However, the petitioner has been denied appointment by order Annex.7 dated 9.12.2004 on the ground that elder son of deceased Govt. servant Mohd. Ishaq is already in the Government service as a permanent employee and therefore, in view of the provisions of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short 'the Rules of 1996' hereinafter), the petitioner is not entitled for appointment on compassionate ground. Rule 5 of the Rules of 1996 reads as under :- “5. Appointment subject to certain conditions.- When a Government servant dies while in service one of his/her dependents may be considered for appointment in Government service subject to the condition that employment under these Rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/ daughter of the deceased Government servant, is already employed on regular basis under the Central/ State Government or Statutory Board, Organisation/ Corporation owned or controlled wholly or partially by the Central/ State Government at the time of death of the Government servant. Provided that this condition shall not apply where the widow seeks employment for herself.” Thus, from the plain reading of Rule 5 of the 3 Rules of 1996, it is clear that the compassionate appointment in the Govt. service are to be considered subject to the conditions that employment under these Rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/ daughter of the deceased Government servant, is already employed on regular basis under the Central/ State Government or Statutory Board, Organisation/ Corporation owned or controlled wholly or partially by the Central/ State Government at the time of death of the Government servant. In the instant case, it has not been disputed that at the time of death of the Government servant, the elder son of the deceased government servant namely Mohd. Ishaq was a permanent employee of the respondent State and therefore, the petitioner was not entitled for compassionate appointment. However, proviso to Rule 5 provides that this condition shall not apply to the widow of the deceased Government servant, but in the instant case, the widow of the deceased Govt. servant has not applied for appointment on compassionate ground. In the circumstances, therefore, it is not a fit case directing appointment on compassionate ground. The writ petition has no force and it is therefore, dismissed. No order as to costs. (H.R.PANWAR),J. rp