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...Petitioner claiming himself to be one of dependents & youngest son of Gopal Balai who died while in service holding post of Lab. Asstt. On 16/11/05 submitted application duly forwarded with affidavit see...reason that U/r 5 of Rules, 1996, if spouse or son or unmarried daughter of deceased government servant is already in employment under Central or State Government or statutory Board, those who cla...themselves as dependent U/r 2(c) are not entitled for seeking compassionate appointment under Rules, 1996. Once elder brother of petitioner is already in Central Government service, that certainly dis...
...the respondents for being appointed on compassionate ground has been rejected.3. Appellant is the brother of deceased Rakesh who was an employee of the respondents. The brother died.4....who died had been granted compassionate appointment on the death of the father who was a government servant. The brother concerned died within a few years of being given compassionate appointment...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...
...Kuldeep Mathur, J.:— The present writ petition has been filed by the married daughter of the deceased Government Servant seeking compassionate appointment in the Department. It is plea...following question on a reference by the Division Bench of this Court:—
“Whether the provisions of Rule 2(c) of the Rajasthan Compassionate Appointment of ...being wholly dependent on the deceased government servant at the time of his/her death would be scrupulously applied;
(iv) all the parameters as laid down by Hon'ble Supreme Court for...
...request of the petitioner for grant of compassionate appointment. Petitioner is the natural son of Govind Singh and after going of his elder brother Pushpendra Singh into adoption to his maternal grandfather, petit...is that the application for his compassionate appointment has been rejected on the ground that in the service record, deceased government servant Govind Singh had referred ‘Pushpendra Singh’ as his...the case of the petitioner for appointment on compassionate ground.Having regard to the facts of the present...
...Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (hereinafter referred to as ‘the Rules of 1996’) is require...application on 7.3.2007 making a request to the competent authority of Municipal Board to accord appointment to the petitioner on compassionate grounds. No action thereupon was taken, hence this...petition for writ is preferred.A reply to the writ petition is filed with assertion that for claiming appointment on compassionate grounds an application in accordance with Rajasthan...
...appointment under the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 ...Government servant.8. So far as the submission regarding the Rules of 1996 being a welfare legislation is concerned, it is well settled that grant of compassionate appointment is no...welfare of the dependents of deceased Government servant, action of the respondents in denying appointment to the petitioner is not justified and therefore, the respondents be directed to consider the...
...they would not consider the application for compassionate appointment of her youngest son, unless the consent letter of her eldest son Kaluram @ Dinesh is filed as he has objected to such appointment....the deceased Government servant is not survived by a spouse the applications shall be made by one of the dependents of the deceased Government servant and other dependents shall ...welfare of the family including the welfare of the petitioner, who is widow of the deceased government servant.In the facts of the case, the writ petition is disposed of requiring the...
....2. Briefly stated, facts of the case are that the appellant-petitioner claimed appointment as per the provisions of Rajasthan Compassionate Appointment ...appointment on compassionate ground may be given to a dependent of a government servant dying in harness and that is to mitigate the hardship caused to the family of the employee on account of his..., her claim for appointment was denied on 18.08.2006 on the count that as per the Rules of 1996, daughter in law does not fall under the category of dependents mentioned under Rule 2(c...
...1. The present writ petition has been filed by the married daughter of the deceased Government Servant challenging the definition of dependents provided in Rule 2(c) ...:—
“Whether the provisions of Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government ...petitioner as per the provisions of the Rules of 1996 in prescribed proforma seeking compassionate appointment along with a no objection certificate of other dependents of the deceased ...
...on the ground that one of the son of deceased was already employed in 6 Batalian RAC on permanent basis. It was communicated that as per Rule 5 of the Rajasthan Compassionate ...the impugned order dt. 26 May, 2017 has been issued in view of Rule 5 of the Rules 1996. The Department is not under obligation to offer compassionate appointment, if one of...deceased's wife can always apply as per Rules and if she does so, her case may be considered by the Competent Authority for compassionate appointment.5. The Court finds that as far as...
...preferred an application for compassionate appointment, upon which he was (2 of 3) [SAW-1332/2016] called upon on 13.08.2014 to submit certain details. However when compassionate appointment was not grante...to be Government servant on 13.01.2014, the petitioner has claimed the cause of action from that day. The very object of compassionate appointment is to bring out the family out of crisis. In fact, the...2016. Admittedly, on the date on which his father expired, he was not a Government servant, therefore, no right had accrued and if the right has accrued in 2014, then there is no need of compassionate...
.... It is argued by learned counsel for the petitioner that there is no prohibition for grant of appointment under Rajasthan Compassionate Appointment of Dependents of ...rejecting the petitioner's candidature for appointment on compassionate ground under the Rules of 1996.
18. There is no substance in the present writ petition, hence, the same is...referred to as ‘the Rules of 1996’) and therefore, the action of the respondents is contrary to law.
3. This Court in the case of Shanker Lal Meena v. State of...
...have rightly held that the said Court has not held the petitioner to be adopted son of the deceased. There is no evidence to prove that the petitioner was adopted by the deceased government servant during his life ...Member, Rajasthan Water Supply and Sewerage Management Board, Public Health Engineering Department, Rajasthan, Jaipur and order dated 08.12.2011 of the Government by which his application for appointment...petitioner that the deceased government servant was diagnosed with cancer and the petitioner has taken care of him in his last days. The petitioner was residing with the deceased government ...
...financial help to the dependents of deceased Parmeshwar, therefore, her appointment on compassionate ground is liable to be revoked.The reply to the writ petition preferred on behalf ...maintain other family members, who were dependents on Prameshwar. The Rule 5(2) of the Rules of 1996 reads as under:-5. Appointment subject to certain conditions...were dependent on the deceased Government servant and on furnishing an undertaking in writing that he/she shall maintain properly the other family members who were dependent on the deceased Government...
...
The present writ petition has been filed by the married daughter of the deceased government employee being aggrieved by the denial of compassionate appointment in ...applicant being wholly dependent on the deceased government servant at the time of his/her death would be scrupulously applied;
(iv) all the parameters as laid...down by Hon'ble Supreme Court for grant of compassionate appointment, shall also be scrupulously followed and that
(v) all other provisions of the Rules except...
...set aside. The respondents are directed to give appointment to the petitioner within a period of 60 days from today as per the Rajasthan Compassionate Appointment of Dependents ...i.e. 23.07.2004, therefore, the petitioner who is lawfully wedded wife of the deceased employee ought to have been given compassionate appointment. The application was moved well within time on...the Constitution of India, claiming the following reliefs: A. The respondents may kindly be directed to grant the compassionate appointment to the petitioner on suitable...
...to the petitioner within a period of 60 days from today as per the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant ...lawfully wedded wife of the deceased employee ought to have been given compassionate appointment. The application was moved well within time on 27.08.2014 The petitioner is having requisite...Constitution of India, claiming the following reliefs:“A. The respondents may kindly be directed to grant the compassionate appointment to the petitioner on suitable post with all...
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...REPORTABLE BY THE COURT (Per Hon'ble Ajay Rastogi, J.) Instant writ petition has been filed by the dependent son of deceased employee of the Corporation who died in accident with the vehicle of the Corp..., compassionate appointments were made by the Corporation under the Scheme of the State Govt. namely The Rajasthan Compassionate Appointment of Dependents of Deceased ...under Clause 4(3) of Regulation 2010 disqualified the dependent of the deceased employee seeking compassionate appointment if he/she claims compensation under the...
...necessary to be noticed for adjudication of this appeal are that the respondent-petitioner claimed appointment as per the provisions of the Rajasthan Compassionate Appointment of ...dependents of deceased Government servants against the vacancies relating to direct recruitment quota, if the person claiming appointment is having eligibility to hold post applied for. In the instant matter...short, 'the rules of 1996') being ward of Mr. Lalchand, who died while in service of the State of Rajasthan. The appointing authority vide a communication dated...