The court emphasized the importance of meeting the specific criteria outlined in the Rules of 1996 for compassionate appointment, and held that the inapplicability of these rules to the petitioner's case justified the denial of compassionate appointment.

ORDER

1. The petitioner by way of filing present writ petition has challenged the validity of communications dated 17.09.2019 and 18.09.2019, whereby respondents have denied compassionate appointment to the petitioner on the ground that provisions of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as ’Rules of 1996’) are not applicable to the employees, whose services are governed by the Staff of Self Supporting (Funded) Court of Wards Temples under the Control and Superintendence of Devasthan Department Rules, 1959 (hereinafter referred to as ’Rules of 1959’).

2. Learned counsel for the petitioner submitted that the husband of the petitioner was working on the post of Nidhi Class-IV employee in the respondent department w.e.f. 02.12.2004. Unfortunately, husband of the petitioner while in service passed away on 12.03.2019. The petitioner thereafter, submitted an application dated 03.04.2019 seeking compassionate appointment in the respondent-department, as per the provisions of Rules of 1996. The petitioner had been informed through the impugned communications dated 17.09.2019 and 18.09.2019 that the services of the deceased employee were governed by Rules of 1959. It was further submitted that the deceased employee was working in connection with the affairs of the Devasthan Department, therefore, denial of compassionate appointment on the count that the Rules of 1996 are not applicable to the employees governed by the Rules of 1959 is not tenable in the eyes of law.

3. Per contra, learned counsel for the respondents submitted that the deceased employee was not working in the respondentdepartment in connection with the affairs of the State of Rajasthan. The services of the deceased employee were governed by the Rules of 1959, which are applicable to the staff of all the self supporting (Funded) and Court of Wards Temples and other Religious and Charitable Institutions, under the control and superintendence of the Devasthan Department. The supporting staff employed under the Rules of 1959 work on contractual basis and there is no element of permanency in the positions held by them in the temples and other religious and charitable institutions.

4. It was further submitted that the claim of the staff for pay and allowances depends upon the nature of duties performed by them and financial conditions of temples or institutions. It was vehemently submitted that the Rules of 1996 do not apply to the employees whose service conditions are governed by the Rules of 1959. Counsel urged that the impugned communications dated 17.09.2019 and 18.09.2019 deserve to be upheld.

5. Heard submissions advanced at Bar and perused the material available on record.

6. The Governor of Rajasthan exercising powers conferred by virtue of proviso to Article 309 of the Constitution of India has framed rules regulating the recruitment of the dependents of deceased Government servants on compassionate grounds i.e. Rules of 1996.

7. Rule 2 (b) and (c) of the Rules of 1996 provide for the definition of ’deceased Government servant’ and ’dependent’ respectively, which is reproduced herein below for ready reference:-

"(b) "Deceased Government servant" means a person who was employed in connection with the affairs of the State including a member of All India Services of Rajasthan State Cadre and whose pay was debitable to the consolidated fund of the State and who died while in service and who was :-

(i) Permanent, or

(ii) holding a post temporarily after appointment on regular basis, including period of probation as probationer trainee.

(c) "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;"

8. From the perusal of the definition of ’deceased Government servant’, it is abundantly c