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2019 Supreme(Raj) 1797

SANJEEV PRAKASH SHARMA
Rekha Sharma – Appellant
Versus
State of Rajasthan Through Secretary – Respondent


Advocates Appeared:
Sangeeta Sharma, Advocate, Gajanand Mishra Manav, Advocate

JUDGMENT

Sanjeev Prakash Sharma, J. - The petitioner by way of this writ petition has raised two-fold grievances. The first aspect raised by the petitioner is that she has been denied compassionate appointment by the Devasthan Department on the premise that there is no provision under the Rules which governs service conditions of her father for compassionate appointment.

2. The second aspect raised by the petitioner is with regard to regularise her on the post of Nidhi Prabandhak on which she is admittedly working on contract basis since 2004.

3. Learned counsel for petitioner submits that as regards compassionate appointment, the State Government has framed separate set of rules for the dependents of the deceased under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (in short "the Rules of 1996"). As per the said Rules, the deceased government servant has been defined as a person, who is employed in connection with the affairs of the State and whose salary is being payable from the consolidated fund and who has expired during service period. The dependent has been defined under Section 2(c) to mean wife or husband, son unmarried daught

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