The Single Judge Bench of the Rajasthan High Court comprising Justice Rekha Borona in the case of Kalu Ram Jangid v. State of Rajasthan & Ors has observed that the married brother of a deceased government servant is not a ‘dependant’ and is not entitled for compassionate appointment.
Background of the Case
The petitioner has filed application against the order on the application of the petitioner for compassionate appointment after the death of his brother, who was a government servant, has been rejected.
Reasoning and Judgment of the Court
The Court considered the submission made by the parties and expounded that The said application was rejected on the premise that in terms of Rule 2(c)(v) of the Rajasthan Compassion Appointment of Dependants of Deceased Government Servants Rules, 1996 (‘the Rules of 1996’), the married brother of a deceased government servant being not a ‘dependant’ is not entitled for compassionate appointment.
The Court observed that the Rules provide for the compassionate appointment to a dependant of the deceased government servant and an unmarried brother of an unmarried deceased government servant does not fall within the definition of ‘dependant’.
The Court after considering the fats of the case held that the petitioner is married and therefore, in terms of the Rules of 1996, the petitioner cannot be held to be a dependant and to be entitled for compassionate appointment.
The Court dismissed the petition and declined to interfere with the order dated 01.01.2019.
Case Details
Case: - S.B. Civil Writ Petition No. 3660/2019
Petitioner – Kalu Ram Jangid
Respondent - State of Rajasthan & Ors
Judge: Justice Rekha Borona
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