Honble CHAUHAN, J. – In view of the conflicting decisions rendered by the learned Single Judges regarding the ambit and scope of R. 5 of the Rajasthan (Recruitment of Dependants of Government Servant Dying While in Service) Rules, 1975 (referred to hereinafter as ``the Rules), the learned Single Judge, vide order dated 25.7.1997, has referred the matter to the Larger Bench for resolving the con- troversy under proviso (c) to R. 55 of the Rajasthan High Court Rules, 1952. The issue referred to reads as under :–

``Whether in a situation where both the spouses, i.e., husband and wife are in Government service and in the event of death of one, the other still remaining in Government service, whether the dependants as defined in the definition of "family" u/R. 2(f) of the Rajasthan (Recruitment of Dependants of Government Servants Dying While in Service) Rules, 1975 is entitled to seek employment on the ground that because of the death of his father or mother, as the case may be, he be treated as a dependant of the deceased Government employ- ment irrespective of the fact that his father or mother was an Government employee in service at the time of death of the other spouse and whether

Click Here to Read the rest of this document