CW 12360/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.12360/09 Durga Shankar Versus Secretary, Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. & Anr. DATE OF ORDER : 05/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Bhaskar Dagar, for petitioner *** Instant petition has been filed by petitioner being one of the dependent of the deceased employee who died while in service on 14th December, 1998. Petitioner's father late Shri Mohan lal, who was working as Helper Gr.I died while in service. After his death, he submitted application for seeking compassionate appointment which was rejected by respondents vide order dt.1st/2nd June, 1999 on the premise that elder son of the deceased is already in employment of erstwhile RSEB for last 30 yrs. which dis-entitles petitioner for seeking compassionate appointment. After 10 yrs. of rejection of his application, he has approached this court by filing instant CW 12360/09 [2] petition on the premise that his elder brother, as alleged to be in employment of erstwhile RSEB, is not residing with them and is not a member of their family. As such, he could not be considered to be a dependent for the purpose of seeking employment and the petitioner being only dependent under the Rules, 1996 is entitled for compassionate appointment. In opinion of this court, submission made by Counsel is without merit for the reason that if one of the dependent of the deceased is in employment that certainly dis-entitles other dependents of the deceased for seeking compassionate appointment. It is not being disputed that his real brother Mahaveer Prasad is already in employment of erstwhile RSEB may now be under some distribution Company after unbundling of erstwhile RSEB which certainly dis-entitles the petitioner as dependent seeking compassionate appointment under the Rules, 1996. Apart from it, his application was rejected in June, 1999 and instant petition has been filed after almost more CW 12360/09 [3] than a decade that too dis-entitles him seeking equitable relief under Art.226 of the Constitution of India. This court does not find any substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA12360CW09 5-10.doc