A.K.MATHUR, J. - (1.) HE petitioner by this writ petition has prayed that the respondents may be directed to give appointment to the petitioner commensurate with her qualifications under the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (referred to here in after as 'the Rules of 1975').
(2.) THE petitioner's father Shri Hans Raj Bhansali died on 5.12.1962 leaving behind his widow and a daughter i.e. petitioner as orphan. The petitioner mean while acquired the necessary academic qualification i.e. M.A. in Philosophy in First Division. Thereafter, she applied under the aforesaid Rules for appointment to the Treasury Officer, Jodhpur who in turn forwarded the application of the petitioner to the Collector, Jodhpur and the Collector, Jodhpur by his order dated 10.10.1990 (Annex. 2) has rejected the application of the petitioner for appointment under the Rules of 1975 on the ground that the aforesaid Rules came into force on 2.9.1972 whereas the petitioner's father died in the year 1962. Therefore, no order can be issued under the aforesaid Rules. Hence, the petitioner has approached this Hon'ble Court by filing the present writ petition.
(3.) A return has been filed by the respondent and they reiterated the same position. This question came up for consideration before this Court that whether the Rules of 1975 can be made applicable retrospectively or not. In this connection reference may be made to Shashi Kant v. State of Rajasthan and Ors. 1989 (1) R.L.R. 586. A Division Bench of this Court in the aforesaid case has delated the cut off date i.e. 2.9.1972., meaning thereby that there is no prohibition under the Rules for making appointment of the incumbent whose father has even been died prior to 1972. In this connection it was observed as under: Consequently, the words on or after September 2, 1972 in Rule 2(e) of the Rules vide Department of Personnel (A) Group (II) Notification No. F.3(6) Karmik (Kail) 75 are struck down. The definition of the term 'deceased Government servant' would therefore be as it stood prior to this Notification. Because of this decision the amendment in Rule 5 of the Rules made on March 25, 1976 by the same Notification substituting the word 'deceased Government servant' for the then existing clause Government servant who dies on or at the commencement of these Rules' would be in consonance with the principle enunciated by us and wilt remain as such.;