B.S. Chauhan, J. - (1.) The instant writ petition has been filed seeking an employment on compassionate ground. The facts and circumstances giving rise to this case reveal that petitioner's father late (Shri) Govind Singh, who was a Teacher in Panchayat Samiti, Ahore, Zila Parishad, Jalore, died in harness on 24-9-1973. At the lime of death of petitioner's father, he was four years of age as he was born on 9-8-1969. In 1992, after attaining majority, petitioner applied for employment on compassionate ground under the Rajasthan Recruitment of Dependants of Members of Panchayat Samiti and Zila Parishad Service Rules, 1978 (hereinafter referred as "the Rules, 1978"). However the case of the petitioner remained under consideration and various Authorities issued directions to consider his case for compassionate employment strictly in accordance with the 1978 Rules. During the pendency of his application, the Rules, 1978 stood repelled and the new Rules, namely, the State Government Employees on Compassionate Ground Employment Rules, 1996 came into existence. The petitioner has not been provided employment on compassionate ground, hence this petition.
(2.) Heard Mr. M.C. Bhoot, learned counsel for the petitioner and Mr. Vijay Bishnoi, learned counsel for the respondents.
(3.) Mr. Bhoot has submitted that as the application of the petitioner had been filed under the Rules of 1978, which did not bar consideration of the application even at a belated stage, the case of the petitioner is worth considering even now. However, the respondents had taken a specific plea in their reply that the petitioner applied for the first time in 1992 after 19 years of the death of his father, Moreover, the respondents are not willing to consider the case of the petitioner as the petitioner's mother had made an application dated 22-12-1976 (Annexure. R:1) praying for regularisation as Class IV Employee in the school under the same Panchayat Samiti where she was working as an ad hoc employee, wherein petitioner's mother Smt. Jeewan Kanwar had submitted that her case be considered for regularisation being a widow of the deceased employee as it was not possible for her to up-bring the three children. Mr. Vijay Bishnoi, learned counsel for the respondents has submitted that as the petitioner's mother had been given the benefit of regularisation considering the factum of death of petitioner's father, the petitioner is not entitled for the relief claimed.;