ARUN MLSHRA, NARENDRA JAIN, JJ. - (1.) At the request of parties, the writ petition was heard finally.
(2.) Petitioner initially preferred a writ petition before Single Bench with the prayer that respondents be directed to give appointment to the petitioner on the post of Class IV servant on compassionate ground in place of late Shri Ballu Khan with all consequential benefits.
(3.) The matter was listed before Single Bench on 22 nd November, 2011. Learned Single Judge was of the view that issue involved in the present matter is substantially the issue, which is involved in the case of Dharmendra Singh Dhabhai vs. State of Raj. & ors. (S.B. Civil Writ Petition No.5389/1998), which has been sent for disposal to Division Bench, as constitutional validity of Rule 10 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 is under challenge, therefore, directed the Registry to place this matter before Hon'ble the Chief Justice to take a decision as to whether it can also be decided by Division Bench. The matter was thereafter placed before Hon'ble the Chief Justice, who passed an order to list the matter before Division Bench.;