Point of Law: It is clear that the main object behind the Rules of 1996 is to consider the dependency of the deceased employee, to take care of the dependents of the deceased employee and to save them from financial crisis.

ORDER :

1. The present writ petition has been filed against the order dated 30.05.2016 whereby an application of the petitioner for compassionate appointment has been rejected. The reason for rejection is that the brother of the deceased employee does not fall within the definition of ‘dependent’ as defined under Section 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as ‘the Rules of 1996’).

2. The case of the petitioner is that his brother Dr. Nitesh Gaur met with an accident and unfortunately, expired. The family comprises of his mother, father and the present petitioner being the younger brother of the deceased employee. The deceased was not married and hence his parents as well as his younger brother were totally dependent on the deceased employee. It has further been submitted that the mother of the deceased is suffering from cancer and the present petitioner, that is, his younger brother, is an unemployed student. Therefore, there being no bread earner in the family after the death of the employee, the petitioner, who was totally dependent on the deceased employee at the time of his death and being the only person available in the family to support and take care of his parents, deserves to be granted compassionate appointment.

3. Before entering into the adjudication on the issue whether an unemployed brother can be termed to be a dependent of an unmarried deceased Government servant, it is relevant to note that the State Government has, vide notification dated 28.10.2021, amended clause (c) of Rule 2 of Rules of 1996 and has now included mother, father, unmarried brother and unmarried sister also in the definition of “Dependent” in case of unmarried deceased Government servant.

4. The issue whether a brother of the unmarried deceased Government employee would be entitled for compassionate appointment or not has been raised and dealt with in past too and the specific opinion of the Courts had been that “Family” would necessarily include father, mother, unmarried brother and unmarried sister in the case of an unmarried deceased Government servant. On the said logic, the brother of the unmarried deceased Government servant has been held to be entitled for compassionate appointment subject to the condition that he was totally dependent on the deceased Government servant at the time of his death.

5. In Jaswant Singh vs. State of Rajasthan and Others, 1993 (3) WLC 695 also, the person applying for compassionate appointment was the brother of the deceased Government servant. In the said matter, while relying upon Herald Hemalton’s case, the Court observed as under:

“The petitioner is a commerce graduate and under the Rules of 1975, he is entitled to be appointed as a dependent of the deceased Government employee commensurating with the qualification held by him on a post for which he is found suitable. Accordingly, the communications Annexure 7 dated 21.4.1990 and Annx.9 dated Nil, No. F4(3) vivid/90/Mu-Aa-Sin/Stha-3/2696, are quashed and the respondents are directed to consider the case of the petitioner under the Rules of 1975 and give him a suitable appointment commensurating with his qualification under the Rules.”

6. Similar situation arose in Rajiv Gupta vs. State of Rajasthan (S.B. Civil Writ Petition No. 5928/2004) decided on 26.07.2006 and the Court in the said case observed as under:

“.......that there is no specific bar for not giving appointment to the brother of dependent who was given appointment under the dependent quota in place of his deceased father and after the death of said brother within short span of 5 months of the service, the family reached to the worst financial condition. The aim and object of the Rules of 1996 is not to give temporary relief for short duration but the same is one of the regular benefit given to the family of the deceased Government servant. The present petitioner was initially also eligible for appointment