B.R.ARORA, J. - (1.) THIS appeal is directed against the judgment dated 5.3.97 passed by the Hon'ble Chief Justice, by which the Hon'ble Chief Justice allowed the writ petition filed by the petitioner and directed the respondents to consider the case of the writ petitioner for employment in accordance with law over -looking the factum of the writ petitioner having crossed the upper age limit as a special case.
(2.) RESPONDENT Shravan Kumar's father Shil Jograj was working as a Jamadar (Watchman) with the Krishi Upaj Mandi Samiti, Rani. While in service, Shri Jograj died on 17.3.95. Shravan Kumar, being the only son of deceased Jograj and was unemployed, applied for his appointment on the post of Class IV employee in the Mandi Samiti, Rani under the Rajasthan Recruitment of Dependants of Government Servant Dying While in Service Rules, 1975, on compassionate ground. The appointment of Shravan Kumar was refused on the ground that he has crossed the upper age limit and being 38 years of age, he is not entitled for appointment. Aggrieved with the denial of appointment on compassionate ground under the Rules, 1975, Shri Shravan Kumar filed a writ petition before this Court. The writ petition filed by the petitioner -respondent was allowed by the Hon'ble Chief Justice with the direction to the present appellants to consider the case of petitioner -respondent Shravan Kumar for appointment as a special case. It is against this judgment that the appellants have preferred this appeal.
(3.) IT is contended by the learned Counsel for the appellants that in giving appointment on compassionate ground under the Rules, 1975, a process of regular selection can be ignored but the conditions like educational qualification and age etc. cannot be ignored and the appointment on compassionate ground can be given only if the applicant is qualified or eligible for employment under the Rules. Since Shri Shravan Kumar has crossed the upper age limit as per the Rajasthan Service Rules, 1951, therefore, he was rightly refused employment.;