ASHOK KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AT the request of learned Counsel for the parties the writ petition was heard finally and is being disposed of.

(2.) PETITIONER preferred this writ petition challenging the order dt. 03.12.1998 (Annexure -4) passed by respondent No. 3, the District Education Officer (Elementary) Sawaimadhopur, thereby the respondent rejected the application of the petitioner seeking compassionate appointment in place of his father late Shri Mohan Lal Jain, who died while in service on 12.09.1998, on the ground that Shri Mukesh Kumar Jain, elder son of late Shri Mohan Lal Jain, is already in Government service.

(3.) A notice to show cause was given to the respondents and, in response thereto, they filed written reply before this Court on 22.04.2004, and in Para 3 thereof, it has been contended that elder brother of the petitioner, Shri Mukesh Kumar, was appointed under Rule 5 of the Rules of 1996 and the said Rule does not provide for any further appointment to another son of the deceased Government servant, hence the writ petition deserves to be dismissed.