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S.B. CIVIL WRIT PETITION NO.1471/2006
Jagdish Prasad and Anr.
Vs.
State of Raj. & Ors.
DATE OF ORDER : 23.2.2011
HON'BLE MR. GOVIND MATHUR, J.
Mr. J.S. Bhaleria, for the petitioners.
Mr. Jamvant, Dy. Government Counsel.
Shri Ram Singh, father of petitioner No.1 and husband of
petitioner No.2 while working as ‘Saees’ with the Department of
Animal Husbandry died on 25.8.2003. An application as per
Rajasthan Compassionate Appointment of the Dependents of the
Deceased Government Servant Rules, 1996 (for short ‘the Rules
of 1996’ hereinafter) was submitted by petitioner No.1,
however, appointment was not accorded to him in view of the
fact that his brother Suraj Pal Singh was already in employment.
Being aggrieved by the same, this petition for writ is preferred.
While claiming appointment for petitioner No.1, a prayer is
also made that if the petitioner No.1 is not found eligible and
entitled to be considered for appointment under the Rules of
1996, then appointment be accorded to petitioner No.2.
From perusal of order impugned, it reveals that brother of
petitioner-Shri Suraj Pal Singh was already in employment, but
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the petitioner claimed employment on compassionate grounds
with assertion that Shri Suraj Pal Singh was adopted by one Shri
Nanak Ram, therefore, he cannot be treated as a member of
family of Late Shri Ram Singh. It is also averred in the petition
that the adoption deed was registered, therefore, that was
required to be taken into consideration.
I do not find any merit in the argument advanced.
The question of adoption of Shri Suraj Pal Singh is required
to be settled by producing adequate evidence, but no such effort
at all was made by the petitioners. The adoption-deed was also
registered after death of Shri Ram Singh, as such, the
registration of deed concerned is of no consequence so far as
present issue is concerned.
The another prayer relating to grant of appointment to
petitioner No.2 is concerned, it shall be relevant to note that no
application under the Rules of 1996 was preferred by her and
therefore, no direction as claimed for can be given in this
petition.
The petition for writ is dismissed accordingly.
(GOVIND MATHUR)J.
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