2006 Supreme(Raj) 1487

High Court Of Rajasthan
Judgename : R.C.GANDHI
RAJA RAM - Appellant
Versus
STATE OF RAJASTHAN - Respondent
S. B. CIVIL WRIT PETITION 1599 Of 2003
Decided On : 05/16/2006

The main legal principle established is that the definition of family under Rule 66 of the Rajasthan Recruitment of Dependants of Government Servants Rules, 1975 prioritizes the appointment of the deceased male servant's wife over other family members for compassionate appointment.

Headnote:

Compassionate Appointment - Definition of Family - The court dismissed the petitioner's claim for compassionate appointment based on the interpretation of Rule 66 of the Rajasthan Recruitment of Dependants of Government Servants Rules, 1975, which defines the family of a deceased government servant and prioritizes the appointment of the wife over the son.

Fact of the Case:

The petitioner sought compassionate appointment after the demise of his father, who was a government servant. The respondent had already appointed the petitioner's mother on compassionate grounds, and the petitioner sought appointment after attaining the age of majority.

Finding of the Court:

The court dismissed the petition due to the absence of the petitioner and his counsel. The respondent had already appointed the petitioner's mother in compliance with the provisions of law.

Issues: The main issue was the petitioner's claim for compassionate appointment after the appointment of his mother, based on the definition of family under Rule 66 of the Rajasthan Recruitment of Dependants of Government Servants Rules, 1975.

Ratio Decidendi: The court's decision was influenced by the interpretation of Rule 66, which prioritizes the appointment of the deceased male servant's wife over other family members, including the son.

Final Decision: The petition was dismissed in default of appearance by the petitioner or his counsel.