VERMA, J. - (1.) THIS writ petition has been moved by the petitioner for a direction to the respondents to provide suitable employment to the petitioner in commensurate to his qualification preferably on the post of Lab. Operator falling in pay scale No. 1 to 9 under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (here-in-after called as the Rules ).
(2.) THE father of the petitioner Late Pratap Singh Choudhary, who was in the service of Public Works Department on the post of Assistant Engineer, unfortunately died on 6. 11. 1997, the fact of the death was made known to the respondent. THE deceased had left behind his widow Angoori Devi, the petitioner elder son and another younger son. THE petitioner is possessing the qualification of B. E. (Computer Science) which he obtained in the year 1993 from the University of Mysore. He was placed first in the merit in the said examination. He was also enrolled with the Employment Exchange under the Man Power Department of the Government of Rajasthan. THE certificate of B. E. and enrollment with Employment Exchange are attached as Annexure 2 and 3. It is submitted by the petitioner that an application form duly completed and accompanying with all the necessary certificates as required in the prescribed proforma under the rules was submitted to the department for seeking employ-ment under the said rules on compassionate grounds. Vide Annexure-5 dated 6. 12. 1997 the Chief Engineer, Public Works Department, respondent No. 3 had intimated to the respondent No. 2 for referring the matter to the Department of Personnel so that the suitable post/job be provided to the petitioner as per his qualification. The mother of the petitioner was advised by the respondents to file fresh application vide Annexure-6 to the effect that the petitioner would be given the job in the pay scale of 1 to 9 and the matter had been referred to the State Government, however in the mean time, the petitioner was informed that the petitioner can be accommodated on the post of L. D. C. for the reason that no post of Lab. Operator or Computer Programmer was available at that time. It is stated by the petitioner that he was faced with the dilemma to the fact whether he should accept the post of LDC or not, even though he is a graduate in Engineering, the petitioner was compelled by the circumstances to fill up the form even for the post of L. D. C. which post was through offered to the petitioner but from inside the petitioner was feeling uncomfortable. The petitioner who was a graduate in Engin-eering if accepts the post of LDC, all his qualifications of graduate in Engineering goes waste and, therefore, the petitioner was reluctant to accept the post of LDC, hence, the present writ petition. It goes without saying that if on the one hand the rules do help and are to be used for the assistance of the dependants of the deceased dying while in gover-nment service, but it is to be kept in mind while considering the application that the very zeal and the qualifications of such applicants may not go waste by offering to them such a post which is not even near to the qualifications acquired by such candidate. A Mechanical Engineer, Civil Engineer or Computer Engineer has an aptitude for technical job and his services can be utilised preferably in the field for which he is qualified and to offer a clerical post to such a Engineer would amount to nothing but filling the inside spirit of such a young man which may effect his career through out with remorse and rapitarce. It is one of the case where an Engineer is being offered the post of LDC and the candidate is reluctant to accept the same on the ground that his career wo-uld finish once he enters in the life as clerk. Untimely death of the father of the petitioner was a sufficient shock to the family and to offer to the petitioner a post not commensurate to his qualifications or not near to his qualifications would not be justified in the circumstances of the case. By all means, an effort should be made to adjust such candidates as per the qualifications. The matter was referred by the Chief Engineer to the Department of Personnel for consideration of the case of the petitioner. The Department of Personnel has not acknowledged so far. In the State of Rajasthan there may be vacancies available to the Lab. Operator or Computer Programmer. The petitioner would be considered for the post of Lab. Operator or Computer Programmer or any other post befitting the qualifications of the petitioner. With the above said directions, the writ petition is allowed and the respondent is directed to consider the case of the petitioner for the post of Lab. Op-erator/computer Programmer or any other post in commensurate to his qualifications within a period of three months and to make available the petitioner the first available vacancy in this regard. . ;