ORDER :

1. The instant writ petition has been preferred on behalf of the petitioner Chagan Lal Nenama seeking directions to the authorities for compassionate appointment of petitioner being the dependent of deceased Government servant -Mokshi Nenama.

2. Bereft of elaborate details, the brief facts necessary for the disposal of the instant writ petition are that the father of the petitioner was Class-IV employee in the office of respondent No.4 and had worked as a cook. The father of the petitioner Late Mokshi died on 01.05.2016, leaving behind his wife, one son (the petitioner) and three unmarried daughters. It is pleaded that the petitioner is an unemployed person and was unable to maintain his family after the death of his father and owing to the dire financial condition, they are now starving since all the five were depending upon the only bread earner, the deceased employee. It is stated that the petitioner has applied for compassionate appointment in place of his father so as to meet the immediate hardship caused due to death of his father. The application form was supported by an affidavit of mother and sisters of the petitioner. The said application was duly approved by the authorities, the immediate office of the respondent No. 4, who found the petitioner entitled for the compassionate appointment. However, the same has been denied on the ground that the petitioner has four children after 01.06.2002. It is submitted that despite there being clear provision in the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 and there being no impediment for appointment, the authorities have wrongly rejected the case of the petitioner and thus a prayer has been made to quash the order dated 08.12.2016 (Annexure-3) and for issuance of the directions for granting compassionate appointment to the petitioner.

3. The respondents have filed preliminary objections while reserving the right to submit the detailed reply averring therein that the order dated 08.12.2016 has been passed strictly in accordance with law while acting upon the Government circular dated 08.04.2003 which is applicable upon all aspirants who seek a Government job and creates a bar on appointment of any person having more than two children after 01.06.2002. It is specifically contended that the petitioner who has fathered four children, all born after 01.06.2002 which is manifesting from the affidavit furnished by the petitioner in support of his application moved for the purpose of getting compassionate appointment, was not eligible for appointment in light of the above circular which is having statutory force.

4. It is also pleaded that the form for making application for compassionate appointment specifically mentions that in case a married person applies for compassionate appointment then in that situation the application shall not be entertained if the applicant has more than two children on or after 01.06.2002. The aforesaid conditions are mentioned at the Point No.8 of the application form prescribed for appointment on compassionate ground.

5. Heard and perused the material available on record.

6. A bare perusal of the statutory Notification dated 08.04.2003 issued by the Government of Rajasthan, makes it abundantly clear that no candidate who has more than two children on or after 01.06.2002 shall be eligible for appointment to the Government service. It is provided that where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery then the children so born shall be deemed to be one entity while counting the total number of children. However, this is not the situation in the case at hand. It is revealed from the affidavit submitted by the petitioner himself before the respondent authorities in support of the application for compassionate appointment that