- (1.) With the consent of party, the writ petition is finally heard.
(2.) The petitioner in this writ petition has mainly challenged the constitutional validity of Rule 10 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (hereinafter referred to as the "Rules of 1996") to the extent it prescribes limitation for filing application for compassionate appointment. The petitioner has made the following prayers in the writ petition:- "(a) May declare that prescribing limitation for filing application for compassionate appointment under the Rules is arbitrary, unethical and illegal and therefore to that extent the provisions of Rule 10 of 1996 Rules be declared as ultravires. (B) May declare the order dated 8.7.98 Annexure 4 issued by the Supdt. Of Police Ajmer, as illegal, arbitrary and be quashed. (C) Direct the respondents to treat the application filed by the petitioner within limiation, for appointment on compassionate grounds under the Rules for such posts for which he may be found suitable. (D) Direct the respondent to give appointment to the petitioner as a Ward of deceased Government servant from the date of his application with all consequential benefits. (E) May give such other relief as this Hon'ble Court may deem proper in the facts and circumstances of the case with costs."
(3.) The petitioner, in this writ petition, has averred that his father late Shri Tej Singh died while in service on 28th January, 1993. He was working as Assistant Sub Inspector of Police. The petitioner was minor of 14 years of age at the time of death of his father. The other two children were of 11 years and 8 years respectively. His mother was in shock, therefore, no application could be filed by petitioner's mother for appointment under the then existing Rules i.e. Rajasthan Recruitment of Dependants of Government Servants dying while in service Rules, 1975 (hereinafter referred as the Rules of 1975). The petitioner passed his Secondary Examination on 30th June, 1994. He passed his Higher Secondary Examination on 12.6.1996 and applied for compassionate appointment through his mother on the post of L.D.C. under the Rules of compassionate appointment. The application was forwarded by Dy. I.G.P. Range Ajmer to Dy. I.G.P. Head Quarter at PHQ, Jaipur vide letter dated 17th June, 1998. The Superintendent of Police, Ajmer informed the petitioner vide letter dated 8th July, 1998 that since under the provisions of Rule 10(3) of the new Rules of 1996, the application for such compassionate appointment has not been made within 45 days from the date of death of his father, his case cannot be considered for compassionate appointment. Thereafter, petitioner sent a representation and ultimately filed the present writ petition on 15th October, 1998.;