B.S.CHAUHAN,J. - (1.) IN all these cases, the validity of the provision of Rule 5 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government. Servants Rules, 1996 (for short, 'the Rules') has been challenged as being unconstitutional, ultra -vires and arbitrary.
(2.) THE relevant rules, for determination of the controversy, read as under: 2 (c) 'Dependent' means a spouse, son, unmarried or widowed daughter, adopted son/daughter legally adopted by the deceased government servant during his/her life -time and who were wholly dependent on the deceased government servant at the time of his/her death. Rule -5 Appointment subject to certain condition -When a government servant dies while in service, one of his/her dependents may be considered for appointment in government service subject to the condition that employment under these Rules shall not be admissible in cases where the spouse or atleast one of the sons, unmarried daughters, adopted son/daughter of the deceased government servant is already employed on regular basis under the Cental Government/State Government or Statutory Board, Organisation or Corporation owned or controlled by the Central/State Government at the time of death of the Government servant. Provided that this condition shall not apply where the widow seeks employment for herself. Learned Counsel for the petitioners in these cases have vehemently submitted that the Rules have been framed to provide employment to one of the dependents of the deceased government servant to redeem the family immediately from the hardship suffered by it as it has lost its bread -earner. Thus, imposing the condition that in case the spouse or one of the sons or unmarried daughter is already in employment of the Government or any statutory corporation etc., the dependent shall not be eligible to get the employment. The said proviso is arbitrary, unreasonable, unconstitutional and invalid as it creates hinderance in serving the purpose, for which the Rules have been enacted, for the reason that in a given case, son or daughter who is in service, may not be financially supporting the family of the deceased employee and in such a case the family may face starvation.
(3.) ON the other hand, learned Counsel appearing for the respondents have submitted that the Rules are constitutionally valid and even in case where a son or unmarried daughter who is in government service, is financially supporting the family, the widow is entitled for seeking employment. Therefore, the Rules are valid and sufficiently achieve the purpose for which the same have been enacted.;