Hon'ble Mr. Justice Dinesh Maheshwari - (1.) AFTER having heard the learned counsel for the petitioner and having perused the material placed on record, this Court is unable to find any reason to entertain this matter in the writ jurisdiction. Put in a nutshell, the petitioner, aged about 38 years, seeks appointment on compassionate basis and seeks to question the order whereby his prayer for compassionate appointment has been declined with reference to the fact that he is having 5 children, one of them born on 19.05.2005.
(2.) IN brief, the relevant facts and background aspects of the matter are that the father of the petitioner, who was serving on the post of Constable with the respondents, went missing in the year 1973; and initially, his services were ordered to be terminated for absence from duty but, upon coming to know of the fact that he was missing, the department recalled the order of termination and allowed family pension. The petitioner is said to have born on 30.11.1973, after his father went missing. From the narration foregoing, it is apparent that the employee, father of the petitioner went missing more than 38 years back; and, as at present, the petitioner is also more than 38 years of age; and admitted position it is that the petitioner is married and is having 5 children. The petitioner, however, made an application under the Rajasthan Compassionate Appointment of Dependents of the Deceased Government Servant Rules, 1996 only in the year 2009 seeking appointment in place of his father. It appears that the application was made by the petitioner on 04.06.2009 whereupon he was asked to produce the death certificate; and whereafter, a declaratory suit was filed in the Court of Civil Judge (Jr. Div.), Churu by the mother of the petitioner wherein, by the decree dated 02.04.2011, the father of the petitioner was declared dead w.e.f. 22.09.1973.
(3.) THE petitioner's case was initially recommended for appointment as a Class -IV employee. However, after verification, the Superintendent of Police, Sriganganagar declined the prayer as made by the petitioner by order dated 15.02.2011 (Annex.4) with reference to the Notification No. F -7 (1)DOP/A -2/95 dated 29.10.2005 whereunder, a candidate having more than 2 children after 01.06.2002 is not eligible for appointment. The petitioner has further placed on record a communication emanating from the office of the Hon'ble Chief Minister whereby the application made by him was forwarded to the concerned office. The petitioner has further placed on record an order dated 21.01.2010 whereby a compassionate appointment case has been considered with relaxation of the requirement pertaining to the number of children after 01.06.2002.;