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2003 Supreme(Raj) 416

GYAN SUDHA MISRA
Anil Kumar Sharma – Appellant
Versus
Malviya Regional Engineering College – Respondent


Advocates Appeared:
Arun Sharma, for Petitioner Amrit Soni, for Respondents

Honble MISRA, J.–The petitioner who had been appointed as a Class-IV servant on compassionate ground in place of his deceased father under the Rajasthan Recruitment of Dependents of Government Servants (Dying while in Service) Rules, 1975 (hereinafter to be referred as `Compassionate Appointment Rules 1975) has challenged the order dated 17.7.89 vide annexure-4 by which the petitioners representation for appointment to the higher post of LDC on compassionate ground has been rejected.

(2). The claim of the petitioner emerges under the following facts and circumstances of the case :-

(3). The petitioner is the son of one late Shri Ramswaroop Sharma who was working as Beldar (Class IVth employee) in the Malviya Regional Engineering College at Jaipur (hereinafter to be referred as `the respondent College) who died on 12.8.81 while he was in service. Since the family of the deceased Ramswaroop Sharma was bound to face financial hardship as he was the sole earning member of the family, the petitioner was offered an appointment as a Class-IV servant on compassionate ground under Rule 5 of the Compassionate Appointment Rules 1975. The petitioners case in that although his educational qualifi





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