AJAY RASTOGI,J. - (1.) Instant writ petition has been filed by the dependent son of deceased employee of the Corporation who died in accident with the vehicle of the Corporation while in service. Although prior to introducing the Compassionate Appointment of Dependents of Deceased Employees of RSRTC Regulations 2010, the Rules of compassionate appointment of State Govt. namely The Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 were applicable.
(2.) The Corporation under Clause 4(3) of Regulation 2010 disqualified the dependent of the deceased employee seeking compassionate appointment if he/she claims compensation under the Motor Vehicle Act, 1988 (MV Act) due to the vehicular death of the employee with the vehicle of the Corporation and if the dependent is interested for compassionate appointment one has to furnish undertaking that they will not file any claim application seeking compensation under the MV Act against the Corporation.
(3.) Brief facts of the case which can be culled out from the records are that the deceased employee and father of the petitioner, while serving as a Helper at the age of 35 years met with an accident with the vehicle of the Corporation on 26.7.2012 and died at the spot.;