CW 11283/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11283/2009 Laxman Kumar Versus State & Ors. Date of Order ::: 09/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Kuldeep Aswal for Mr. Narendra Choudhary, for petitioner Petitioner claiming himself to be one of dependents & youngest son of Gopal Balai who died while in service holding post of Lab. Asstt. On 16/11/05 submitted application duly forwarded with affidavit seeking appointment under Rajasthan Compassionate Appointment of Dependents of deceased Government servant Rules, 1996 (“Rules, 1996”). It is not in dispute that elder brother (Sitaram) of petitioner is serving in Central Government department as referred to in para 5 of affidavit (Ann.1) of widow of government servant and so also in para 5-F of memo of petition. Counsel submits that since elder brother of petitioner serving in Central Government department, is living separately much before death of his father; as such petitioner is the only dependent in terms of R.2(c) of Rules, 1996 for seeking compassionate appointment under Rules. In the opinion of this Court, submission made by Counsel is without any merit for the CW 11283/09 //2// reason that U/r 5 of Rules, 1996, if spouse or son or unmarried daughter of deceased government servant is already in employment under Central or State Government or statutory Board, those who claim themselves as dependent U/r 2(c) are not entitled for seeking compassionate appointment under Rules, 1996. Once elder brother of petitioner is already in Central Government service, that certainly dis-entitles him for seeking compassionate appointment. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 11283CW09Oct9DsCmpsAptt.doc