- (1.) The petitioner seeks appointment as LDC under the Rajasthan Compassionate Appointment of Dependent of Deceased Government Servants Rules 1996 (hereinafter 'the Rules of 1996').
(2.) The case set up is that Kailash Chandra Arora the petitioner's father expired while working on the post of Office Assistant in the Government Senior Secondary School Jawaja, Ajmer on 05.10.2009. On 16.11.2009, the petitioner earlier having passed the Higher Secondary Examination, as the son of the deceased Kailash Chandra Arora fancying himself as eligible for the post of LDC filed an application for appointment duly supported by affidavits of no objection from other family members of the deceased. The appointment was not yet forthcoming causing financial suffering to the family of the deceased Kailash Chandra Arora and defeating the salutary purpose of the Rules of 1996. Direction for appointment as LDC has been sought.
(3.) In defence, the respondents submitted that the petitioner did not have the requisite educational and technical qualification to be appointed LDC. It was submitted that in terms of the amendments in the Rajasthan Subordinate Offices Ministerial Staff Service Rules, 1999, The Rajasthan Secretariat Ministerial Service Rules, 1970 and in the Rajasthan Public Service Commission Ministerial Service and Subordinate Service Rules and Regulations 1999 effective 05.07.2010, the minimum qualification for appointment on the post of LDC was senior secondary from the Board of Secondary Education or its equivalent education qualification alongwith the requisite certificate in the prescribed computer course. The petitioner at the time of consideration of his application had not passed the senior secondary examination and on this count alone, was ineligible for the post of LDC. It was pointed out that the Rules of 1996 mandate that all appointments thereunder would be subject to requisite prescribed qualification for the post under the concerned service rules at the time of the appointment. And the petitioner's own case is that he had passed at the relevant time only the Higher secondary examination (Class XI) and not the Senior secondary Examination (Class XII) which was the minimum educational qualification for appointment on the post of LDC with the respondent-State. In the circumstances, the petitioner's application for appointment as LDC on compassionate ground was returned, and rightly so, submitted the Additional Government Counsel. Heard. Considered.;