B. Prasad, J.-Present special appeal was filed by the appellant assailing the Judgment of the learned Single Judge of this Court dated 26.3.2002. Petitioner has stated that he was appointed on compassionate grounds under The Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules. 1975 (for short the Rules). His appointment was to be governed by Rule 5 of the rules. Rule 5 reads as under:

"5. Recruitment of a member of the family of the deceased.-In case of "deceased Government Servants" one member of his family who is not already employed under the Central/State Government or Statutory Board/ Organisations/ Corporations owned or controlled by the Central/State Government shall, on making an application for the purpose, be given a suitable employment in Government service without delay only against an existing vacancy, which is not within the purview of the State Public Service Commission, in relaxation of the normal recruitment rules, provided such member fulfils the educational qualifications prescribed for the post and is also otherwise qualified for Government service. In the event of non-availability of a vacancy or any of the members