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Judgment
Heard learned counsel for the appellant.
Vide impugned order dated May 2, 2017 the writ petition filed by the appellant praying for a direction to the respondents for being appointed on compassionate ground has been rejected.
Appellant is the brother of deceased Rakesh who was an employee of the respondents. The brother died.
Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 reads as under: "Dependent" means a Spouse, Son, unmarried or widowed daughter, (adopted Son/adopted unmarried 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."
The definition excludes the brother of the deceased government servant as a dependent.
Learned counsel for the appellant has relied upon two decisions of this Court reported as 2014(2) RLW 1707; Neeraj Gurjar & Anr. Vs. State of Rajasthan & Ors. and (2005) 2 RLW (Raj.) 1095; Asha Devi Gupta Vs. State of Rajasthan.
In the two decisions on the death of a government servant who was a brother, the applicant in the capacity as a brother was directed by this Court to be given appointment.
The facts of two cases need to be noted. In both cases, the brother who died had been granted compassionate appointment on the death of the father who was a government servant. The brother concerned died within a few years of being given compassionate appointment. The ratio of law in the two decisions would be that in such circumstances, the right of the applicant does not flow from the death of the brother but is relatable to the death of the father.
In the instant case, the brother of the appellant was not given compassionate appointment on the death of the father.
The writ appeal is dismissed.
No Costs.