1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B.CIVIL WRIT PETITION No.4720/2002. : : Nand Kishore Rav Vs. State of Rajasthan & Ors. : : Date of Order 9.7.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Rajendra Sharma for the petitioner. Ms.Parinitoo Jain, Dy.Govt.Counsel, for the State. This writ petition has been filed by the petitioner Nand Kishore with the prayer that the respondents be directed to appoint the petitioner as Class-IV employee on compassionate ground. It is contended that his adoptive father Dhanaram Rav expired while serving the respondents as Class-IV on 13.8.1998. At the time of his death, the petitioner was only 16 years old. His adoptive mother made a representation to the respondents to appoint the petitioner on compassionate ground under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. No action was taken on that application. The petitioner made then application on 2.9.1999, the Zila Parishad, however, 2 declined to appoint him on the ground that adoption deed was not registered. The petitioner filed a suit for declaration vide order dated 22.12.2000. The Block Elementary Education Officer in response to notice of demand of justice admitted that there were two vacancies and yet, the respondents illegally have refused to provide him appointment. The respondents contested the writ petition and submitted that Dhannaram during his life time had nominated his mother Bidami devi and no reference whatsoever to any Godnama or any adoption deed was made. The petitioner has no relation with Kamla Devi, widow of the deceased employee. Application for compassionate ground appointment was required to be made within the time prescribed by the Rules of 1996 and which time was 45 days. Such application cannot be made any time even after so much of delay. Certificate dated 22.12.2000 has got nothing to do with the present case. The petitioner cannot be granted compassionate appointment. The deceased Government servant in the present case admittedly, died on 13.8.99 and the petitioner at that time was above 16 years of age. The adoption deed on the strength of which appointment is claimed by the petitioner 3 was not registered before the competent authority and it was only attested in the presence of representatives of his community. Application was originally made by the widow but subsequently when the petitioner became major, he also submitted application. As per the Rule 10 (3) of Rules of 1996 such application is required to be made within 45 days. Limit of 45 days was subsequently increased to 90 days. Validity of the Rule 10 (3) (supra) has been upheld by Division Bench of this Court in Board of Revenue for Rajasthan & Anr. Vs. Rajendra [RLR 2001 (1) Page 500]. In fact, when the Government by amendment in the rule aforesaid provided that the appointment could be provided to minor dependent of deceased Government servant as and when he attained the majority, validity of such rule was struck down by this Court in Mancha Ram Vs. State of Rajasthan & Ors. [RLR 2001 (1) Pg.433]. That view was taken by the Court on the basis of number of Supreme Court judgments wherein it has been held that the object for providing compassionate appointment is to enable the family of the deceased employee to tide over the sudden crisis resulting due to death of the sole bread earner. It is in order to mitigate the hard-ship and to give immediate relief to the family. This cannot be taken as perennial source of 4 appointment. Division Bench of this Court in Jayant Kumar Jain Vs. State of Rajasthan & Ors. (RLR 2001 (1) Pg.441) also maintained that view. I, therefore, do not find merit in this writ petition and the same is hereby dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.53.