- (1.) The petitioner is aggrieved of the order dated 8-8-2003 whereby he was informed that he was not entitled to compassionate appointment in Jaipur Vidhyut Vitaran Nigam Limited (hereinafter 'the Nigam') under the provisions of the Rajasthan compassionate Appointment of Dependants Government Servant Rules, 1996 (hereinafter 'the Rules of 1996').
(2.) Briefly stated the facts of the case are that the petitioner's father Mool Chand was working on the post of Helper in the officer of Assistant Engineer Renwal, Rajasthan State Electricity Board, from which after unbundling Jaipur Vidhyut Vitran Nigam Limited was formed as one of the three companies. Beginning 27-5-1991 the said Mool Chand absented himself from the duty and never returned. FIR No.643/1991 was lodged on 21-10-1991 at Police Station Dantaramgarh District Sikar with regard to the missing Mool Chand. Nothing came out of it and Mool Chand could not be traced out. In the circumstances, the petitioner's mother is stated to have submitted an application before the Nigam seeking, aside of terminal benefits payable to Mool Chand, compassionate appointment for her son Om Prakash, the petitioner. It appears that in the course of correspondence with the petitioner's mother, the Personnel Officer of the Nigam vide letter dated 24-8-1998 stated that unless a requisite declaratory decree as to Mool Chand's death was obtained from a competent civil court, no further steps could be taken on the application for compassionate appointment of the petitioner. Consequently the petitioner and his family members filed civil suit No.17/1999 before the court of Civil Judge Dangaramgarh District Sikar seeking declaration with regard to death of Mool Chand for reason of his whereabouts not being known for over seven years. The Civil Judge (Senior Division) Dantaramgarh District Sikar vide judgment and decree dated 29-4-2002 declared, on legal presumption married to facts of the case that Mool Chand was dead.
(3.) The petitioner's mother then submitted an application on 10-5- 2002 along with the judgment and decree dated 29-4-2002 praying that her son, the petitioner Om Prakash be appointed on compassionate grounds in view of the fact that the Nigam vide its resolution dated 30- 1-2001 had adopted the Rules of 1996. It has been submitted that in the course of correspondences which followed, assurances were given for compassionate appointment of the petitioner. However vide order dated 18-8-2003 the petitioner has been informed that he was not entitled for appointment on compassionate grounds under the Rules of 1996. Hence this petition.;