Rule 5 of the Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975, does not prohibit the appointment of a dependent on a higher post after an initial appointment on a lower post, provided the dependent fulfills the educational qualifications and is otherwise qualified for the higher post.

1. 1. By this writ petition, the petitioner seeks to quash the order dated 30.6. 84 ,whereby it was ordered that if appointment once given on any post to any person under the Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975 then there is no provision for giving appointment on any higher post in the said Rules. This order Anx. 9 was challenged by the petitioner before the Rajasthan Civil Services Appellate Tribunal which vide its order dated 16.11.87 held that the Tribunal has no jurisdiction in the matter of employment sought by the petitioner and his appeal was dismissed.

2. We may state a few relevant facts. The petitioner's father A. Goswamy died in June, 1982 while he was Deputy Director Employment, Rajasthan. The petitioner sought employment under the aforesaid rules being a dependent of his deceased father. He stated in his application that certain posts of junior employment officer arc vacant. About his educational qualifications it is stated that he had appeared in B. Com. examination and in October, 1982 was declared passed but one paper was boycotted so the petitioner was required to undergo the examination of the boycotted paper and the petitioner also got admission in M. Com. as he was declared passed in B. Com. examination. His prayer was that ad-hoc appointment on the past of junior employment officer may be given to him till the clearance of the boycotted paper. In the alternative a suitable job may immediately be given and when he is declared successful in the boycotted paper, he may be posted as junior employment officer. The petitioner was given appointment on the post of L.D.C. although the application for appointment to the post of junior employment officer was kept under process. It was noted on the petitioner's application that the petitioner be appointed as L.D.C forthwith in case a vacancy exists at Jaipur. Case for appointment as J.E.O. be processed. The petitioner's case further is that he after clearance of the examination. continued to press for his appointment on the post of junior employment officer, Vide Anx. 4, Anx. 6, Anx. 7 and Anx. 8, the petitioner's case was considered in the manner that the petitioner is not required to appear before the Rajasthan Public Service Commission for seeking appointment on the aforesaid post and he was given to understand that under the aforesaid rules the petitioner can be appointed on the post of junior employment officer. Vide Anx. 5, Dy. Secretary of Department of Personnel stated that the petitioner can be appointed to on the post of junior employment officer by the competent authority and with regard to ban, relaxation can be sought. Whenever the petitioner's matter was referred to the Government the decision of the Government was as aforesaid however warn further reference was made, the Government took the view that no appointment on the higher post can be given under the rules after appointment having been given once on the lower post.

3. Thus the only question which arises for consideration in this writ petition is that in the facts and circumstances of the case whether Rule 5 of the Rules gives rise to the interpretation as has been placed by the Government Anx. 9. Rule 5 of the Rules is as under:-

5. Recruit 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, he given it 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-av