PARIHAR, J. - (1.) HUSBAND of petitioner No. 1, who was working as Head Master, had died while in service on 16. 8. 1994. On representation been made, elder son of petitioner No. 1 was given compassionate appointment on the post of LDC vide order dated 9. 5. 1995. As the ill-luck would have it, the elder son of petitioner No. 1, who was given compassionate appointment, also expired in a road accident on 20. 1. 1996. Since then, petitioner No. 1 is making representation for giving compassionate appointment to her younger son.
(2.) THE compassionate appointment to younger son of the petitioner No. 1 has been denied only on the ground that under the relevant rules, there is no provision to give compassionate appointment to the brother of the deceased employee treating the application of the petitioner for compassionate appointment for her younger son on account of death of elder son. The main object and aim of the Rajasthan Compassionate Appointment of Dependents of Deceased Govt. Servants Rules, 1996 is to give relief to the family of the deceased government employee who has died while in service. The provisions of the Rules cannot be placed in water tight compartment so as to deny the relief to the family. The provisions have to be construed harmoniously with human considerations. Even otherwise, the wife or the mother can nominate any of the close relatives for compassionate appointment if no other family member is in any employment. The State Government has also powers to remove difficulties in implementation of the Rules in special circumstances. In the present case, there is no dispute that though compassionate appointment was given to the eldest son of petitioner No. 1 on account of death of her husband, however, just after six months he also died and the family reached the same stage where the husband of the petitioner had died. The authorities should have taken lenient and humanitarian view in giving compassionate appointment to another eligible member of the family of the petitioner when no other member in the family is in any employment. Accordingly, the writ petition is allowed. The respondents are directed to consider the application of petitioner No. 1 for giving compassionate appointment to her younger son, if he is, otherwise, eligible for the same, on appropriate post and pass necessary orders within thirty days from the date of receipt of certified copy of this order. .;