Govind Mathur, J. - (1.) Late Sh. Ashulal Bohra, father of the petitioner, died on 29.12.2007 while in service of the respondent-company as Deputy Manager, thus, the petitioner applied for appointment to the post of Deputy Manager as per the provisions of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter to be referred to as, 'the Rules of 1996). The Senior Manager of the respondent-company, under an order dated 21.1.2008 accorded appointment to the petitioner as a Class IV employee, but the petitioner did not choose to join on the post aforesaid. Vide letter dated 4.2.2008 he represented to the General Manager of the Company to consider his case for better appointment, no action thereupon is taken, hence, this petition for writ is preferred.
(2.) As per the petitioner, the respondents have given appointments to certain other persons on higher posts commensuration to their qualification, but a conscious discrimination is made while considering his candidature. However, during the course of hearing learned counsel for the petitioner has confined claim of the petitioner for appointment as Lower Division Clerk. Incidentally, it shall be worthwhile to take note of the qualification possessed by the petitioner i.e. M.A. in the Subject of Psychology. The petitioner is also registered for undergoing research and to have a Degree of Ph.D.
(3.) According to the respondents, the date on which the petitioner submitted application for appointment under the Rules of 1996, no vacancy was available in the cadre of Lower Division Clerk, thus, an appointment to Class IV Service was accorded to him under the order dated 21.1.2008. It is further submitted that on not availing the appointment as Class IV employee, case of the petitioner could not have been considered for appointment on any other post in view of the provisions of sub-rule(2) of Rule 6 of the Rules of 1996, according to that, "once an appointment has been made on any post under these Rules, the benefit intended under these Rules shall be deemed to have been availed and the case shall not be re-opened for appointment to any other post under any circumstances." By submitting an additional affidavit it is also pointed out by the respondents that at the first instance the vacancy in the cadre of Lower Division Clerk became available with them in the month of April 2010, i.e. after a period of more than two years from the date, the appointment was accorded to the petitioner in Class IV Cadre. It is also asserted that the vacancies so made available are required to be filled in from amongst the members who are already working with company on seasonal basis from last number of years, though the vacancies are relating to direct recruitment quota.;