Honble TIBREWAL, J.–A short question that arises for consideration in this petition is; Whether the petitioner can lay a further claim for getting appointment as Lower Division Clerk (L.D.C.) or Nakedar, once he had accepted appointment as a Sub Nakedar on compassionate ground under the Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (hereinafter to be refe-rred to as the Rules)?

(2). In short, facts of the case are that petitioners father Shri Ram Swaroop Pandey had died on 15.7.78 while in service as Nakedar in Municipal Council, Alwar. On an application made under Rule 5, petitioner was given appointment on the post of Sub- Nakedar in the pay scale applicable to the said post vide order dated,June 10, 1994 (Annex.1), issued by the Administrator, Municipal Council, Alwar. The petitioner accepted appointment and joined the post. Thereafter, on January 3, 1995, he moved an application to the Administrator, Municipal Council, Alwar, to provide him appointment on the post of L.D.C. or Nakedar as his father was working as Nakedar at the time of his death. He, then, gave a notice for demand of justicethrough his Advocate, Shri M.C. Sharma, and when no

Click Here to Read the rest of this document