ASHISH SAXENA S/O LATE SHRI ASHOK SAXENA, AGED 39 YEARS, BY CASTE KAYAST, RESIDENT OF BANSWARA AT PRESENT PLOT NO.142, HARI MARG, CIVIL LINE, JAIPUR (RAJ.) Vs. STATE OF RAJASTHAN THROUGH THE CHIEF ENGINEER, MAHI BAJAJ SAGAR PROJECT, BANSWARA
LAWS(RAJ)-2017-1-112
HIGH COURT OF RAJASTHAN
Decided on January 18,2017

Ashish Saxena S/O Late Shri Ashok Saxena, Aged 39 Years, By Caste Kayast, Resident Of Banswara At Present Plot No.142, Hari Marg, Civil Line, Jaipur (Raj.) Appellant
VERSUS
State Of Rajasthan Through The Chief Engineer, Mahi Bajaj Sagar Project, Banswara Respondents

JUDGEMENT

Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred by this writ petition making a following prayer : i) by an appropriate writ, order or direction the respondents be directed to appoint the petitioner on the post of L.D.C. or any other appropriate post commensurate to the qualification of the petitioner under the Rules, 2002 with all consequential benefits; ii) by appropriate writ, order or direction the respondents be directed to appoint the petitioner as L.D.C. in Mahi Bajaj Sagar Project, Banswara in pursuance of application made by the petitioner and the petitioner may be appointed on the post of L.D.C. or any other post which is commensurate to the qualification of the petitioner on the ground of compassionate employment as per rules, 2002; iii) any other order, which this Hon'ble Court considers just and proper, may kindly be passed in favour of the petitioner; and iv) Costs of this writ petition be allowed to the petitioner.
(2.) The facts as noticed by this Court in the petition are that the father of the petitioner died while in service on 30.09.2006. The petitioner applied for getting compassionate appointment under the provisions of Rajasthan Compassionate Appointment of Deceased Government Servant Rules, 1996 on 10.06.2006 within 40 days of death of the petitioner's father along with application form duly supported by the affidavit of the petitioner's mother and sister.
(3.) The respondents did not consider the application dated 08.11.2006 on the ground that the petitioner would require a succession certificate which was accordingly obtained by the petitioner on 28.05.2013. The respondents, however, in spite of the succession certificate did not grant the compassionate appointment to the petitioner and therefore, petitioner preferred this writ petition.;


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