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2021 Supreme(Raj) 1052

SANJEEV PRAKASH SHARMA
Tarun Kumar Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Hanuman Choudhary, Advocate
For the Respondents: Pradeep Kalwania, G.C.

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioner has prayed for seeking compassionate appointment and challenged the order dated 9.1.2017 whereby his candidature was rejected by the authority on the ground that at the time of death of his father, his unmarried daughter was in government service.

It is submitted that the petitioner's father died while in service and was holding the post of Land Revenue Inspector. At the time of death, one of the daughter who was unmarried was admittedly in service but she got married within one month of death of her father. Application was moved on behalf of the petitioner seeking compassionate appointment which was rejected on the aforesaid grounds.

2. Learned counsel has invited attention to the notification dated 8.4.2015 whereby Rule 5 of the Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996 (hereinafter referred to as "Rules of 1996") was amended and expression at the time of death of the Govt. servant was substituted by the expression at the time of death of Govt. servant or at the time of appointment of the dependent. Thus, from above learned counsel submits that the question whether there is any o

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