The brother of a deceased government servant cannot be considered a dependent for the purpose of compassionate appointment under the Rules of 1996.

JUDGMENT :

S. Ravindra Bhat, J.

1. The State of Rajasthan has preferred this appeal claiming to be aggrieved by the judgment and directions of a learned Single Judge who held that the respondents' collective application for compassionate appointment for one of them (both collectively referred hereafter as "the petitioners") should be processed.

2. The petitioners are widow and son of late Roopa Ram who was working as Upper Division Clerk in the office of Additional Chief Medical and Health Officer, Division Jaitaran in the pay scale of Rs.5000-8000 died on 04/08/2006. In view of this development, Vijay Kumar, elder son of deceased Roopa Ram (hereafter referred to as the "deceased-employee") applied for compassionate appointment-with the consent of his mother i.e. the first petitioner (Jamna Devi) widow of the deceased-employee. His application was accepted and Vijay Kumar was appointed as Ward Boy in the pay scale of Rs.2550-6032. On 19/11/2011 Vijay Kumar unfortunately died due to ill health. In these circumstances, his younger brother (second petitioner hereafter "Deepak") applied for compassionate appointment. His application too was consented by his mother and widow of the deceased-employee. The Senior Medical Officer, Community Health Center forwarded his application to the competent authority.

3. On 21/08/2012 the request for compassionate appointment, was rejected; the rejection letter stated that the petitioners could not be considered the dependent of the deceased Vijay Kumar in terms of the rules governing the compassionate appointment, framed in 1996. The first petitioner Jamna Devi, had applied on the premise that the rules permitted her to nominate another dependent of the late Roopa Ram.

4. The writ petitioners approached this Court contending that the rejection of the application seeking compassionate appointment was arbitrary. It was submitted that late Vijay Kumar was given compassionate appointment upon the untimely death of his father late Roopa Ram. At the time of his appointment, Vijay Kumar was unmarried; and that he continued to be of the same status at the time of his death. The position of the family remained unchanged as their sole bread earner died in harness, when in the employment of the State. It was therefore argued that the application by the second petitioner (Deepak) ought to be construed as one made to fill the post of his father who died in 2006.

5. The State had denied the claim arguing that the definition of "dependent" did not include the brother (or mother) of the deceased government servant and that since Vijay Kumar was given the compassionate appointment, the application for compassionate appointment by the second petitioner on the ground that he was the dependent of the deceased-employee - who died far back in 2011 could not be entertained. The State had argued before the learned Single Judge that granting such an application would permit a series of applications on behalf of same employee on one ground or the other. According to the State what is relevant that the cause for the application (for compassionate appointment) or the immediate point of distress ought to be whether the public government servant who died which results in the application, was related to the applicant in such a manner that the latter is a dependent.

6. The State had pointed out that Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereafter referred to as the "Rules of 1996") defines 'dependents' in an expansive manner but even within that, the brother of a deceased government servant cannot claim compassionate appointment. Rule 2(c) of the Rules of 1996 is reproduced as follows:

"Dependent" means a spouse, son, unmarried or widowed daughter (adopted son/adopted unmarried daughter) legally adopted by the deceased Government servant during his/her life-time and who were wholly dependent on the deceased Government servant at the time of his/her death."

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