- (1.) Petitioner has filed the petition under Article 226 of the Constitution of India challenging the order dated 07.10.2016, whereby application moved by the petitioner for appointment on compassionate basis was declined.
(2.) We have heard learned counsel for the petitioner and have gone through the record available on the file carefully.
(3.) Rule 5 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 is reproduced reads as under:- "[Appointment subject to certain conditions-[(1) When a Government Servant dies while in service one of his/her dependents may be considered for appointment in Government Service subject to the condition that employment under these rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government Servant is already employed on regular basis under the Central/any State Government or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government Servant. Provided that this condition shall not apply where the widow seeks employment for herself.] [(2) Appointment under these rules shall be given on the condition that the person appointed on compassionate ground shall maintain properly the other family members who 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 servant. If subsequently, at any time, it is proved that such dependent family members are being neglected or are not being maintained properly by him, the appointment may be terminated by the Appointing Authority after providing an opportunity to the compassionate appointee by way of issue of show-cause notice asking him to explain why his services should not be terminated.]";