Honble CHAUHAN, J.–In all these cases, the validity of the provision of Rule 5 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (for short, ``the Rules) has been challenged as being unconstitutional, ultra-vires and arbitrary.

(2). The relevant rules, for determination of the controversy, read as under:-

``2(c) ``Dependant means a spouse, son, unmarried or widowed daughter, adopted son/daughter legally adopted by the deceased govt. servant during his/her life-time and who were wholly dependant on the deceased government servant at the time of his/her death.

Rule. (5) Appointment subject to certain condition:- When a govern- ment servant dies while in service, one of his/her dependants may be considered for appointment in government service subject to the condition that employment under these Rules shall not be admissible in cases where the spouse or atlesat one of the sons, unmarried daughters, adopted son/daughter of the deceased government serva- nt is already employed on regular basis under the Central Government/State Government or Statutory Board, Organisation or Corporation owned or controlled by the Central/State Government at

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