- (1.) Heard Mr. Rajendra Soni, learned counsel for the petitioner and Mr. Ganesh Meena, learned Government Counsel for the respondents. Briefly stated, the pleaded case of the petitioner is that on the demise of her father, Shri Brij Mohan Lal Mathur, who was posted in the State Secretariat, Jaipur, on 6.12.1978, she alongwith her mother and a physically handicapped brother, became dependants of her brother Shri Umesh Mohan Mathur working as Class IV employee with the Directorate of Industry, Department of Industry of the State. The sole bread-earner of the family, Shri Umesh Mohan Mathur also died in harness on 3.7.2001. Situated thus, the petitioner, who is Class VIII pass and otherwise entitled to seek compassionate appointment, applied therefore on 14.8.2001, but was not provided with the same. At that time, petitioner's another brother Shri Hari Mohan Mathur who was alive, expired subsequent thereto on 16.12.2002.
(2.) According to the petitioner, in terms of the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules, 1975 (for short, hereafter referred to as '1975 Rules'), the expression "Family" was defined in Rule 2(f) as hereunder:- 2. Definitions:-... (a) XXX XXX XXX. (b) XXX XXX XXX. (d) XXX XXX XXX. (e) XXX XXX XXX. (f) "Family" means the family of the deceased Government Servant and shall include wife or husband, sons and unmarried or "widow daughters and son/daughter adopted according to the provisions of law, by the deceased Government Servant" who were dependant on the deceased Government Servant; Provided that if no such member of the family be eligible for getting benefit under these Rules, the benefit available under these Rules may be extended to any other close relative of the deceased to be named by the widow or the Guardian of the children of the deceased with the specific approval of the Deptt. of Personnel.
(3.) The Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (for short, hereafter referred to as '1996 Rules') however, repealed the earlier Rules. The 1996 Rules defined the expression "Dependant" in Rule 2(C) thereof as hereunder:- 2. Definitions.-... (a) XXX XXX XXX. (b) XXX XXX XXX. (c) "Dependant" means a spouse, son, unmarried or widowed daughter, adopted son/adopted unmarried daughter legally adopted by the deceased Government servant during his/her life time and who were wholly dependant on the deceased Government servant at the time of his/her death.;