- (1.) The instant writ application, projects a challenge to the legality and validity of the order dated 13th May, 2005 (Annexure-7) and 21st May, 2005 (Annexure-8); whereby the claim of the petitioner, for appointment on compassionate grounds, has been declined by the State-respondents, and therefore, the petitioner, has approached this Court praying for following relief(s):- (i) the impugned orders dated 13.5.2005 and 21.5.2005 (Annexure-7 & 8) may be quashed and set aside and respondents may be directed to allow compassionate appointment to the petitioner on the post of L.D.C. From 24.12.2014 alongwith all consequential benefits including pay and allowances and seniority.
(2.) Briefly, the essential skeletal material facts, necessary for appreciation of the controversy, needs to be first noticed. The father of the petitioner was appointed on the post of 'Male Nurse' Grade-II vide order dated 27.1.1986, on regular basis and joined his duty on 4.2.1986, who died on 24.5.1986, while in service. The petitioner having attained the age of majority made an application, for consideration her candidature, for appointment on the post of Lower Division Clerk (LDC), on compassionate grounds, on 16.9.2004.
(3.) In response to the notice of the writ application, the State-respondents have filed their counter affidavit supporting the orders dated 13.5.2005 and 21.5.2005. According to the State-respondents the deceased Government Servant (father of the petitioner), served only for three months and 20 days. The minimum service required under the Rajasthan Compassionate Appointment to the Dependents of Deceased Government Servant Rules, 1996 (hereinafter referred to as 'Rule of 1996'), is one year, as contemplated under Rule 2(Kha)(III) of the Rules of 1996. The claim of the petitioner, is also resisted on the ground of delay since the death of the father of the petitioner occurred 24.5.1986 and the application was preferred by the petitioner on 16.9.2004, almost after a delay of 20 years.;