N.P. Gupta, J. - (1.) TO challenge correctness of the judgment dt. 11.05.2000 passed in S.B. Civil Writ Petition No.2251/1998, this special appeal is preferred.
(2.) THE facts necessary to be noticed are that: (1) Shri Shantilal Garg, husband of the appellant, while working as Lecturer in a Government College, died on 10.12.1997; (2) the appellant, on 29.12.1997, submitted an application as per the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'the Rules of 1996') seeking appointment for her son Shri Dinesh Kumar, aged 15 years 6 months, as Lower Division Clerk, the post for which he was possessing educational eligibility as prescribed for direct recruitment as per provisions of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (hereinafter referred to as 'the Rules of 1957'); and (3) the Joint Director, Department of College Education, Government of Rajasthan, Jaipur, by his communication dt. 20.05.1998 informed the appellant that Shri Dinesh Kumar being minor is neither entitled for appointment as claimed nor his claim for appointment can be kept alive for consideration till he attains majority. A petition for writ preferred by the appellant to assail decision of the respondents contained in letter dt. 20.05.1998, came to be rejected on the count that this Court in case of Mancha Ram v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 2773/1999 struck down an amendment made in Sub -rule (3) of Rule 10 of the Rules of 1996 prescribing that in case an employee dies while in harness leaving behind no major child on the date of death, the intimation may be furnished to the Head of Department regarding this fact and within a period of three months after attaining the majority, if applies for compassionate appointment, his application shall be considered strictly in accordance with law.
(3.) AS per counsel for the appellant, the appellant submitted an application seeking appointment for her son as early as possible and this fact itself proves harness suffered by her warranting employment on compassionate grounds. It is asserted that either the respondents should have kept candidature of the appellant 's son alive for appointment under the Rules of 1996 till attaining majority by him or a relaxation should have been granted in minimum age for appointment to the post of Lower Division Clerk by exercising powers under Rule 35 of the Rules of 1957.;