Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs: "A. Immediately provide appointment on the post of Constable in respondent department under the Rules of 1996. B. The Hon'ble Court further may please to quash and set aside the impugned order Annex.P/9 dated 15.10.2015 along with irrelavant conditions put in letter dated 10.2.2015 in Annex.P/8. C. Any other appropriate writ, order or direction may kindly be granted in favour of the petitioner. D. Exemplary cost may kindly be awarded in favour of the petitioner."
(2.) The brief facts as noticed by this Court are that the petitioner's father was serving on the post of Constable in 'B' Company of 10th Battalion RAC (IR) Bikaner and died while in service on 13.03.1996, during his posting at Company Headquarter Kalam, District Nalbari, Assam. Due to the financial hardship, the petitioner applied for compassionate appointment in the year 2013. The respondents contemplated such compassionate appointment vide DGP letter dated 19.12.2013 (Annexure-P/1), Commandant Letter dated 02.01.2014 (Annexure P/2), Commandant Letter dated 08.05.2014 (Annexure P/3), DGP Letter dated 22.08.2014 (Annexure P/4), Commandant Letter dated 12.09.2014 (Annexure P/5) & DGP Letter dated 24.09.2014 (Annexure P/6). The respondents thereafter, took a final decision by the approval of the State Government to condone the delay in the application and finally gave directions for providing appointment to the petitioner vide Government order dated 23.12.2014 which is Annexure-P/7, which reproduced as follows: ...[VERNACULAR TEXT OMITTED]...
(3.) The concerned authority further consequentially directed the Superintendent of Police, Tonk for issuance of appointment order in favour of the petitioner vide letter dated 10.02.2015 Annexure-P/8. Since the compliance of the order Annexure P/7 & P/8 took some time, the respondents rejected the compassionate appointment on the ground of Rule 5 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (hereinafter referred to as 'the Rules of 1996'), whereby if, a family member of the person seeking appointment is already in government service then he shall not be entitled for such compassionate appointment.;