1. Jethuram, father of Gyan Chand was a Beldar in the Irrigation Department of the State of Rajasthan. Narpat Singh, father of Mangu Ram was also a Beldar, but under the Forest Department of the State of Rajasthan. Kailash Chand, father of Suresh Chand was a Ferroman holding permanent employment under the Irrigation Department. Three having died, their sons sought appointment on compassionate basis.

2. In the State of Rajasthan appointment on compassionate basis is governed by the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. Rule 11 of the said Rules reads as under:—

“11. Over-riding effect.- These rules and any order issued thereunder shall have effect notwithstanding anything to the contrary contained in any rules regulations or orders in force at the commencement of these Rules.”

3. Appointment under the Forest Department in the State of Rajasthan is governed by the Rajasthan Forest Subordinate Service Rules, 1963 and in the Irrigation Department it is governed by the Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules 1967.

4. In the year 2005 the Rajasthan Various Service (Amendment) Rules, 2005 were promulgated. The said Rules read as under:—

“1. Short title and Commencement. - (1) These rules may be called the Rajasthan Various Service (Amendment) Rules, 2005.

(ii) They shall come into force with immediate effect.

2. Amendment. - The existing following expression appearing in Sub-rule (3) or (4) or (5) as the case may be, of rule as mentioned in Column No. 3 against each of the service Rules as mentioned in Column No. 2 of the Schedule appended hereto:—

“No candidate shall be eligible for appointment to the service who has more than two children on or after 1.6.2002:

Provided that the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1.6.2002, does not increase:

Provided further that where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.”

shall be substituted by the following, namely:

“No candidate shall be eligible for appointment to the service who has more than two children on or after 1.6.2002:

Provided that the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she on 1.6.2002 does not increase.:

Provided further that where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.

Provided also that the provisions of this sub-rule shall not be applicable to the appointment of a widow to be made under The Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996.

	SCHEDULE
S. No.	Name of Service Rules	Number of Existing Rule
1 to 13	-------	------
14.	The Rajasthan Forest Subordinate Service Rules, 1963	16
15 to 21	-------	----
22.	The Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967	21

5. The respondents in the three above captioned appeals were the writ petitioners and were denied appointment on compassionate basis on account of having more than two children.

6. Relief has been granted to the three respondents by three identically worded judgments dated 3rd February, 2014, 25th March, 2014 and 3rd November, 2014 giving twofold reasons. Firstly that the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 have not been made a part of the Schedule to the Rajasthan Various Service (Amendment) Rul