V.G.PALSHIKAR, J. - (1.) THE petitioner who is an Agriculture Graduate seeks a mandamus by this petition directing the respondents to appoint him as Assistant Agriculture Officer with effect from 26.4.85 when he applied for appointment on compassionate ground under the Rajasthan Recruitment of Dependents of Government Servants (Dying While in Service) Rules, 1975 (hereinafter referred to as The Rules').
(2.) THE father of the petitioner expired on 8.4.35 while discharging his duties as a Government employee. This fact is not disputed. The fact that the petitioner is an Agriculture Graduate is also not disputed. The petitioner, therefore, filed an application on 26.4.85 under the Rules, claiming appointment on compassionate ground. He was replied by a latter dated 7.8.85 that he will not be able to get appointment to the post of Assistant Agriculture Officer under the Rules of 1975 and he was offered an appointment to the post of Agriculture Supervisor. According to the petitioner, he accepted the appointment as Agriculture Supervisor to save his family members from starvation. According to the petitioner, he was eligible for appointment as Agriculture Officer as per the Rules of 1978 for appointment in the Agriculture Department and, therefore, he should be given appointment.
(3.) THE petition is opposed and it is submitted that the petitioner having accepted the appointment is now not entitled to claim a higher post.;