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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 Bo...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...
...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...
...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 ...Servant at the time of his/her death.”5. The definition excludes the brother of the deceased government servant as a dependent.6. Learned counsel for the appellant ha...
...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 ...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’) i...filed, as such, the case of petitioner for grant of appointment in accordance with the Rules of 1996 was not considered.The deficiency pointed out is technical one and not pertainin...accordance with the Rules of 1996, then appointment shall be accorded to him within a period of one month thereafter....
....2. Briefly stated, facts of the case are that the appellant-petitioner claimed appointment as per the provisions of Rajasthan Compassionate Appointment ..., 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 Ru...Rule 2(c) of the Rules of 1996, hence appointment should have been given to her. The respondents dismissed the representation again by not treating her a dependent of th...
...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 ...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 di...
...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 ...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 ...
...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 on...Ashok Kumar Gaur, J.:— The petitioner who is son of late Shri. Devi Singh has filed the present writ petition for seeking a direction to give him compassionate appointment as his father...
...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...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...
...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 ...
.... 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...Rajasthan (SBCWP No. 7256/2021), decided on 20.7.2021 held as under:
“12. Argument of Mr. Vyas that the Rules of 1996 have overriding effect on all other Rules, has hardly...
...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 ...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 con...of death of her son Parmeshwar, who was working as Sweeper in the Municipal Council, Jodhpur. It is also prayed by the petitioner that the compassionate appointment given to respondent No. 3, wife of...
...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...
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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...
...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 matt...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...