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2001 Supreme(Raj) 1762

A.R.LAKSHMANAN, BHAGWATI PRASAD
Hemant Chouhan – Appellant
Versus
State of Rajasthan – Respondent


For the Appellant:M. Mridul, Sr. Advocate with Ms. Gauri, Advocates.
For the Respondent:Sangeet Lodha, Advocate.

JUDGMENT

1. - This appeal is directed against the order passed by V.G. Palshikar, J. in the writ petition, by which the appellant/petitioner sought improvement of the position.

2. The short facts are that on the death of the appellant's father who was serving as Senior Commercial Taxation officer, Circle-III, Jodhpur, when he expired on 26.9.1991, the appellant's mother applied to the respondents for providing him appointment commensurate with his qualification under the Rajasthan Recruitment of Dependents of Government Servants (Dying while in Service) Rules, 1975 (for short 'the Rules of 1975' hereinafter). According to the appellant, he is possessed of Degree in Science Mathematics and Post-graduate degree in M.A. English Literature when application was sent for providing him appointment in place of his father on compassionate ground. The appellant was informed that in view of the instructions contained in the letter dated 1.4.1989, he can be appointed on the post of Commercial Taxation Inspector (Subordinate Service) and not on the post of Assistant Commercial Taxation officer. The appellant was asked by the aforesaid letter that he may state whether he is desirous of being appo

























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