- (1.) Petitioner Prakash Chand Jain's father Shri Kirori Lal Jain was a Government servant. He died while he was still in government service. The petitioner made an application to Divisional Forest Officer, Bharatpur for appointment as a dependent of the deceased government servant in accordance with the provisions of Rajasthan Recruitment of Dependents of Government Servants Dying While In Service Rules, 1975 (for short 'the 1975 Rules'). This application was submitted by him on 4.8.1990 in the prescribed form. He cLalmed that he may be appointed as Lower Division Clerk because he possessed the qualifications of Higher Secondary pass. Another application dated 27.8.1990 was submitted by him for that purpose. He then served a notice of demand for justice dated 26.9.1990. Even after the service of notice of demand of justice the petitioner did not get any relief and therefore he filed writ petition in the High Court with a prayer that a writ of mandamus be issued to the respondents directing them to appoint him as Lower Division Clerk or any other suitable post.
(2.) In reply to the show cause notice the respondents have admitted the fact that petitioner's father was in Government service at the time of his death. It has also been admitted that application for appointment in accordance with the 1975 Rules has been submitted by the petitioner. It has further been stated that the petitioner had not disclosed the fact that his brother Shri Amir Chand Jain was already employed in the Rajasthan State Electricity Board. Thus when one member of the family of the petitioner is in gainful employment and the family is getting pension, there is no justification in the cLalm of the petitioner that he should be appointed as a dependent of the deceased Government servant. Therefore, if one member is already in service, the 1975 Rules cannot be invoked. The respondents have placed on record letter Annexure Rl dated 4.5.1991 written by the Executive Engineer (Civil), Rajasthan State Electricity Board, Alwar to the Divisional Forest Officer, Government of Rajasthan, Bharatpur wherein it is indicated that Shri Amir Chand Jain s/o Shri Kirori Lal Jain was appointed as Lower Division Clerk in the service of Rajasthan State Electricity Board on 8.1.1974 on the basis of his having passed the competitive examination held by the Rajasthan State Electricity Board. On the basis of these facts the respondents have asserted that the writ petition should be dismissed.
(3.) A rejoinder was filed by the petitioner in which he has stated that he has not concealed any material fact. His brother is in the service of Rajasthan State Electricity Board on the basis of appointment made in pursuance of open market competition. No other member of the family of Shri Kirori Lal Jain has been given appointment as his dependent. He has also referred to a letter dated 28.1.1991 written by the Divisional Forest Officer to the petitioner where by the former had called upon the petitioner to furnish the details of the members of the family late Shri Kirori Lal Jain, the annual income of the family of late Shri Kirori Lal Jain and as to why Amir Chand Jain is not interested in service, as to whether he is already in government service. The petitioner submitted his reply on 3.2.1991 and gave out all details. The petitioner has also placed copy of government circular dated 1.4.1989 in support of his cLalm that he is entitled to be appointed under the 1975 Rules. He has asserted tha employment to a dependent of deceased government servant cannot be denied only on the ground that one of the members of the family of the deceased government servant is already in employment.;