JUDGEMENT
Veerender Singh Siradhana, J. -
(1.) Aggrieved of the order dated 22nd December, 2010; declining the request of the petitioner for appointment on compassionate grounds, the petitioner has instituted the present writ petition praying for the following relief(s): -
"1. Quash and set aside the order passed by the Respondents vide dated 22/12/2010 and 23/08/2011, whereby the application of the Petitioner for the compassionate appointment was rejected.
(2.) Direct the Respondents to consider the case of the Petitioner for appointment on compassionate grounds on such appropriate post as per the relevant regulations, 2010.
(3.) Any other order or direction in favour of the Petitioner, which this Hon'ble court may deem just and proper in the facts and circumstances of the case."
2. Briefly, the skeletal material facts essential for adjudication of the controversy involved herein are that father of the petitioner, Late Shri Ram Gopal Sharma, died on 22nd August, 2006, and the petitioner, being one of the dependents of the deceased employee, filed an application for consideration of his case for appointment on compassionate grounds under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'the Rules of 1996', for short). On a consideration of the application made by the petitioner, the respondent - Rajasthan State Road Transport Corporation (for short 'the respondent -Corporation'), declined the claim of the petitioner for appointment on compassionate grounds relying upon the opinion of a Coordinate Bench of this Court in the case of Kapil Joshi Versus Rajasthan State Road Transport Corporation (S.B. Civil Writ Petition Number 3549 of 2006), decided on 28th August, 2009.
3. Learned counsel for the petitioner, reiterating the pleaded facts and grounds of the writ application, vehemently argued that father of the petitioner, Shri Ram Gopal Sharma (deceased), was appointed to the post of Conductor in the respondent -Corporation in the year 1977. However, on 10th September, 1998, he was served with a charge -sheet for carrying ten passengers without tickets on the bus of the respondent -Corporation while duty on Beawar - Banswara Route. As a consequence of the domestic inquiry proceedings, the services of the father of the petitioner, Late Shri Gopal Ram Sharma (deceased), were terminated vide order dated 30th December, 2002. An application under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 (hereafter after referred to 'the Act of 1947', for short), was filed, which was declined by the Industrial Tribunal, Jaipur. The writ application instituted by the respondent -Corporation against the order declining the application under Sec. 33(2)(b) of the Act of 1947, was dismissed as withdrawn on 28th January, 2011.;
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