Gopal Krishan Vyas, J. - (1.) INSTANT writ petition has been filed by the petitioner to quash communication dt. 10.7.2007 (Annex. -7) whereby the respondents denied appointment to the petitioner under the Rajasthan Compassionate Appointment of Dependents of the Deceased Employees of the Corporation. As per facts of the case, the petitioner's father died while working as SSA -II in the office of the Rajya Vidyut Prasaran Nigam Ltd. on 3.3.2006 leaving behind his wife and 3 other dependents. The petitioner being son of the deceased employee applied of providing appointment on compassionate ground within time on 12.04.2006. Along with the application form the details and affidavits as required under the rules were furnished by the petitioner.
(2.) THE petitioner waited for appointment for some time and, thereafter, filed representation on 14.09.2006 and 27.07.2007. Upon representation filed by the petitioner an office order was issued on 10.07.2007 by which it was informed by the respondents that the petitioner is not eligible for appointment on compassionate ground because his third child was born after the date 1.06.2002. In this writ petition, the petitioner is challenging the said order dt. 10.07.2007 and seeking direction to the respondents to provide him appointment on compassionate ground being son of late Shri Bhanwar Singh who was employee of the respondent department. Learned counsel for the petitioner submits that in the reply it is specifically pleaded by the respondents that an amendment was made vide order dt. 03.11.2006 by the Nigam by which a new sub -para was inserted under para 5 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules whereby it is provided that no candidature who has more than two children on or after 01.06.2002 shall be eligible for appointment to the service even on compassionate ground.
(3.) AS per learned counsel for the petitioner, the day on which the application for providing appointment on compassionate ground was filed, which is 13.04.2006,' such" order was not in existence; in fact, new sub -para was added vide order dt. 03.11.2006 and that cannot be taken into consideration for the simple reason that the said order cannot be made applicable retrospectively. In support of his contention, learned counsel for the petitioner invited attention of the Court towards the judgment rendered by the learned Single Judge of this Court in S.B. Civil Writ Petition No. 1923/2011, Pappa Ram v. State of Rajasthan & Ors., decided on 22.08.2012, which is further upheld by the Division Bench of this Court in D.B. Special Appeal (Writ) No. 869/2012 vide judgment dt. 04.07.2013, in which, it has been held that eligibility and qualification which was in existence on the date of application shall be considered for providing appointment on compassionate ground. In this case also, the day on which the application was filed by the petitioner for providing appointment no such condition was in existence to deny appointment to those candidates who had more than two children on or after 02.03.2002. Therefore, the order dt. 03.11.2006 whereby aforesaid sub -para was made applicable cannot be made applicable to deny appointment to the petitioner on compassionate ground. In view of above, it is submitted that impugned order may be quashed and the respondents may be directed to provide appointment to the petitioner on compassionate ground.;