SBCWP NO.3109/02 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3109/2002. Kamlesh Kumar Vs. State of Rajasthan & Ors. Date of order:- January 22, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Nawab Ali Rathore for the petitioner. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT:- This writ petition has been filed against the order dated 13/5/2000 whereby, his application for considering his case for appointment was rejected. 2) Shri Nawab Ali Rathore, learned counsel for the petitioner has submitted that father of the petitioner while working as Constable with the respondents, died on 14/6/1983 and at the relevant time, petitioner was only 3 years old. His mother applied to the respondents on 14/10/1999 seeking appointment of the petitioner on compassionate ground. Respondents illegally rejected the application on the ground that it was filed beyond SBCWP NO.3109/02 2 the period of limitation prescribed under Rule 10(3) of the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1996. Said rule came into effect w.e.f. 25/1/1997 and therefore would not be applicable to the case of the petitioner as his father died while serving respondents much before in 1983 when the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 were in force. Learned counsel relied on the judgment of this Court in Roop Singh Vs. State of Rajasthan {W.L.C. (Raj.) 2000 (3) 401} in support of his argument. 3) Shri Hemant Gupta, learned Additional Government Counsel opposed the writ petition and has argued that the application for appointment itself was submitted 16½ years after the date of death of his father and that according to Rule 10(3) of the Rules of 1996, such application was required to be filed within 45 days. Learned Additional Government in support of his argument relied on the judgment of this Court in Board of Revenue Vs. Rajendra {RLR 2001(1) 500}. It was argued that very purpose of giving appointment on compassionate ground to help the family and to over come the financial crises through which, it is passing through. The appointment on compassionate appointment is given on emergent ground. Now, with such lapse of time, the very object of providing compassionate appointment SBCWP NO.3109/02 3 is frustrated. 4) Having heard learned counsel for the parties and perused the material on record, I find that it may be a fact that petitioner was minor when his father died on 14/6/1983 but at the same time, it is not shown whether mother of the petitioner applied for and her request was refused for such compassionate appointment at the relevant point of time. Merely because father of the petitioner died, right to claim compassionate appointment is not accrued in favour of the petitioner to give him compassionate appointment at such belated stage. The very purpose of providing compassionate appointment is to help the family to come out from the crises whose sole bread earner has died and when family is survived for all this period, there is no legal justification for directing the respondents to consider the case of the petitioner for compassionate appointment. The validity of Rule 10 (3) of the Rules of 1996 which is subjected to challenge before this court in the present writ petition has already been upheld by this Court in Board of Revenue Vs. Rajendra supra. I do not find any merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil SBCWP NO.3109/02 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.2856/2002. IN S.B. CIVIL WRIT PETITION NO.3109/2002. Kamlesh Kumar Vs. State of Rajasthan & Ors. Date of order:- January 22, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Nawab Ali Rathore for the applicant-petitioner. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT:- Consequent upon dismissal of the writ petition, this stay application does not survive any further. Same is accordingly rejected. (MOHAMMAD RAFIQ), J. anil