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1995 Supreme(Raj) 949

N.L.TIBREWAL
Pritam Singh – Appellant
Versus
State Of Rajasthan – Respondent


For the Petitioner:Bharat Vyas and V.P. Mathur, Advocates.
For the Respondent:K.S. Rathore, Advocate.

JUDGMENT

1. 1. The petitioner, who is son of the deceased Government-servant, has approached this Court under Article 226 of the Constitution of India for issuance of a writ of mandamus/direction to the respondents to provide him suitable employment on the post of Lower Division Clerk or Store-Munshi or Store-Keeper or any other equivalent post in regular pay-scale as per Rule 5 of the Rajasthan Recruitment of Dependants of Government-servants Dying While in Service Rules, 1975 (hereinafter to be referred to as the Rules of 1975).

2. There is no gain-saying that the Rules of 1975 are intended to provide Social Security and to mitigate the hardship due to death of the bread-earner of the family. Under the Rules employment is provided to one member of the family on compassionate grounds. Rule 5, therefore, mandates that suitable employment in Government-service, on making an application for this purpose, be given without any delay and that, too, in relaxation normal recruitment rules. In the case of Smt. Sushma Gosein and Ors. v. Union of India and Ors., AIR 1989 SC 1976 , the Apex Court of the country has laid down that in all claims for appointment on compassionate grounds there sh












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