DEVI LAL DANGI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2005-7-88
HIGH COURT OF RAJASTHAN
Decided on July 29,2005

Devi Lal Dangi Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

GOVIND MATHUR, J. - (1.) BY order impugned dated 28.12.1994 the Collector, Udaipur rejected the application preferred by the petitioner under Rule 5 of the Rajasthan Recruitment of Dependent of Government Servants died while in Service Rules, 1975 (hereinafter referred to as 'the Rules of 1975'). The facts in brief giving rise to present writ petition are as follows:
(2.) THE petitioner is adopted son of Shri Prem Shankar who died on 15.7.1993 while in service of respondents. At the time of death Shri Prem Shankar was working as Class -IV employee in the office of Tehsildar, Girwa District Udaipur. The petitioner after obtaining a succession certificate on 18.2.1994 from the Court of District Judge, Udaipur submitted an application for appointment on compassionate grounds under Rule 5 of the Rules of 1975 on 23.2.1994. Under the directions of Collector, Udaipur the Tehsildar Girwa conducted an inquiry and verified the fact that the petitioner is adopted son of Late Shri Prem Shankar. The Collector, Udaipur by order impugned dated 28.12.1994 without assigning any reason rejected the application submitted by the petitioner, hence present petition is filed by the petitioner before this Court. A reply to the same has been filed on behalf of the respondents. It is contended by the respondents in their reply that the petitioner was adopted as son of laate Shri Prem Shankar Dangi just five days before his death and, therefore, it creates serious doubt about genuineness of adoption and the adoption deed which is not registered. It is also contended by the respondents that the petitioner submitted application for appointment on compassionate grounds at belated stage, therefore, the Collector, Udaipur rightly rejected the same.
(3.) I have heard Counsel for the parties.;


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