- (1.) THIS writ petition has been filed by the petitioner in which it has been prayed that the impugned order dated 8. 3. 1989 by which the petitioner has been appointed on the post of class IV Servant instead of L. D. C. may be quashed and non-petitioners be directed to appoint the petitioner on the post of L. D. C. w. e. f. 8. 3. 1989.
(2.) IT will suffice for the purposes of this petition to state that father of the petitioner was working in Office of Deputy Chief & Health Department, Jaipur as Tikkakar' and he died during his tenure of service on 9. 5. 76. IT is pleaded in the petition that post of Tikkakar' is now designated as M. P. W. in Medical & Health Department and was getting pay in the scale of L. D. C. and, therefore, the petitioner should have been given appointment as L. D. C. or on any other post which is not lower than the post of L. D. C. He sent an application on September 26, 1988 to the Director, Medical & Health Department for giving appointment on his attaining majority. The Deputy Secretary Department of Personnel (Gr. II) has passed an order dated February 25, 1989 (Annexure-2) to give the appointment to the petitioner on the post which may be equivalent to 'tikakar' i. e. at preset M. P. W. and, therefore, the petitioner should be given appointment/posting on a post which be not lower than the post which the Late father of the petitioner was holding. However, the petitioner has been appointed on a lower post i. e. Class IV Servant by an order dated March 8, 1989 (Annexure-3 ). On March 24, 1989 an order was passed by this Court on the Stay application that if the petitioner has joined the post on which appointment was given to him, in that case such appointment shall be subject to the final decision of this petition. In the return filed on behalf of the respondents, it has been submitted that the petitioner is matriculate but does not hare requisite identification for the appointment on post of L. D. C. since he does not know English or Hindi Typing as per Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (hereinafter referred to as 'the Rules, 1957' ). It is also pleaded that direct recruitment on the post of L. D. C. is to be filled in through competitive examination by R. P. & S. C. , therefore, the petitioner cannot be appointed directly on the post of L. D. C. It is further submitted that the post of Tikakar is now designated as M. P. W. and two grades are given to such persons in the pay-scale of 910-1530 who are matriculates and have undergone one years training and in the pay scale of 810-1050 to those who are non-matriculates have not undergone one years training. It is also pointed out that since the father of the petitioner was in the Pay-scale of Vaccinator (Tikakar) which is much lower than the post of L. D. C, therefore, the petitioner is not entitled for appointment on the post of L. D. C. It is pointed out that as per the orders of Deputy Secretary (Annexure-2) to petitioner was to be given equal post of Tikakar held by his late father and, therefore, he has been given appointment as Class IV Servant. It is contended by the learned counsel for the petitioner Shri Rajendra Soni that the petitioner is entitled to get appointment on the post of L. D. C. As per the Rajasthan Recruitment of Dependants of Government Servants Dying while in Service Rules, 1975 (hereinafter referred to as 'the Rules, 1975') and merely because the father of the petitioner was not holding the post of L. D. C. this appointment cannot be denied to the petitioner on that ground. It is also submitted that the post of Tikakar is equivalent to L. D. C. It is contended by Shri Lokesh Sharma, Learned Deputy Govt. Advocate that the post of Tikakar held by late father of the petitioner was not equivalent to L. D. C. and further the petitioner is not even qualified to be appointed as L. D. C. since he does not know Hindi/english typing, therefore, he cannot be given appointment of L. D. C. Apart from this the direct recruitment to the post of L. D. C. can be through only R. P. S. C. I have heard both the parties and have gone through the documents filed on record.
(3.) IT may be pointed out that Rule 5 of the Rules, 1975 lays that a member of family of deceased Government Servant shall be given a suitable employment in the Government Service without delay only against an existing vacancy, which is not within the purview of the State Public Service Commissions, in relaxation of the normal recruitment rules, provided such member fulfils the educational qualifications prescribed for the post and is also otherwise qualified for the Government service. Provision to this rule was substituted by D. O. P. notification dated 22. 8. 83 and it is now provided that the recruitment may be made on posts which are within the purview of Rajasthan Public Service Commission except the major State service mentioned in rule 3 i. e. R. A. S. , R. P. S. , R. F. S. and Rajasthan Accounts Service. Sub clause (2) of Rule 8 provides that procedural requirement for Selection, such as written test, typing test or interview by a selection Committee or any other authority to interview the candidate in order to satisfy that the candidate will be able to maintain the minimum standard of work and efficiency expected on the post or to prescribe any condition, if considered necessary for acquiring any framing or proficiency eg. typing speed or any other qualification etc. , within a reasonable period, after such employment under these Rules. Rule 9 provides for satisfaction of appointing authority regarding general qualifications. The Government of Rajasthan vide order dated 14. 11. 1985 has issued certain directions regarding appointments to be given to the dependants/family members of Government Servants who died while in service. Direction 4 provides that in case where the deceased Government Servant was holding in the Class IV Servant his dependant, if he does not possess any specialised qualifications may be considered for appointment to a post of Class IV service or Ministerial Service or Subordinate Service, commensurate with his qualifications, in the same department in which the deceased Government servant was serving or in any other Department wherever he can be provided with a post without delay. Direction-5 which has been substituted vide D. O. P. order dated 11. 3. 86 provides that in cases where dependants of the deceased Government Servants possess specialised qualifications like Degree in Engineering, Degree in Medicine, Degree in Veterinary Science etc. , shall be appointed to the post in the State Service in the respective discipline, coming under the purview of the R. P. S. C, irrespective of the rank and status of the deceased Government Servant subject to fulfilment of qualification prescribed for the post. It is thus clear from the Rules and Directions discussed above, that there is no such rule and infact there could not be any such Rule that dependants/ family member of a deceased Government Servant can be given appointment on such post under the Rules, 1975 which the deceased Government Servant was himself holding at the time of his death. If the Rules are interpreted in the way the learned Deputy Govt. Advocate contends it will lead to a situation in which a dependant/family member of a deceased Government Servant who was holding a post of Class IV Servant can be eligible to be appointed only as a class IV servant even though he may be possessing any specialised qualifications like Degree in Engineering, Degree in Medicine etc. It may be emphasised that very Preamble of the Constitution and the philosophy thereunder provides that all citizens of India shall have equality of status and opportunity and Indian democratic republic stands for good of all the people as it embodies in the concept of a Welfare Stale and Article 16 provides for equal opportunity to all the citizens of India in the matters relating to employment under the State. It is clearly provided in the Rules that dependant/family member of deceased Government Servant can be given appointment of L. D. C. and procedural requirement for selection like typing test or interview etc. can be taken if necessary after giving the person reasonable period after such appointment under the Rules, 1975. Therefore, there is no impediment to give appointment to the petitioner on the post of L. D. C. as he is a matriculate and can not be denied the appointment merely on the ground that the petitioner is son of a deceased Government servant who was holding a post of Class IV Servant or because the direct recruitment on the post of L. D. C. is to be done through R. P. S. C. In the result, this writ petition is, therefore, allowed and it is directed that the petitioner shall be given appointment on post of L. D. C. within a period of 30 days and shall be entitled to get difference of the salary from the day of filing this writ petition i. e. 23. 3. 1989. This difference of salary shall be paid to the petitioner within three months. The petitioner can be asked to undergo any test etc. as provided under Rule 8 of the Rules, 1975 after a reasonable period is allowed to him which is usually in similar cases to other persons. No order as to costs. ;