PUSHKAR RAJ BHARDWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - By this writ petition the petitioner has challenged the action of the respondents in not giving him the appointment as a dependant of deceased government servant.

(2.) THE petitioner was adopted by Smt. Kiran Devi, W/o Shri Jagannath Prasad. Smt. Kiran Devi's husband died during her life time. She had no male issue and, therefore, she adopted the petitioner. After adoption, the petitioner lived with Smt. Kiran Devi and she met all the expenses of education and livelihood of the petitioner. Smt. Kiran Devi was employed as a teacher in Education Department and was posted in Govt. Secondary School, Behaj. She died on 25.3.68 leaving her minor adopted son the petitioner. On the basis of application filed by the petitioner before the District Judge, Bharatpur, succession certificate was issued in favour of the petitioner on 4.10.73 by the learned District Judge, Bharatpur. THE petitioner passed secondary school examination from the Board of Secondary Education, Ajmer in the year 1976. He thereafter did his higher secondary and graduation and finally post graduation in Commerce from the University of Rajasthan in the year 1982. He made application for being appointed as a dependant of Smt. Kiran Devi. He submitted applications to the various authorities including the Vikas Adhikari, Panchayat Samiti, Deeg and Chief Executive Officer and Secretary, Zila Parishad, Bharatpur. However, the application of the petitioner has remained pending and despite several reminders-sent by the petitioner, he has not been given employment as a dependent of the deceased employee. THE petitioner has come out with the case that he has a right to be employed as a dependant of the deceased government servant and the respondents have deprived him this right without any reason or rhyme. He has submitted that there has been a considerable delay in the decision of his application. He has prayed that the action of the Respondents in denying him appointment be declared as arbitrary and unreasonable.