Married Brother Of Deceased Govt Servant Not A 'Dependent' & Is Not Entitled For Compassionate Appointment: Rajasthan High Court

Justice Rekha Borana, while dismissing the writ petition, opined,

"Admittedly, 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. In view of the specific provisions of law, this Court is not inclined to interfere with the order dated 01.01.2019."

Essentially, the petitioner is the brother of the deceased government servant, Ramesh Jangid who expired on 22.05.2018. The present writ petition has been filed against an order, whereby the application of the petitioner for compassionate appointment after the death of his brother, who was a government servant, has been rejected.

The application was rejected on the premise that in terms of Rule 2(c)(v) of the Rules, 1996, the married brother of a deceased government servant being not a 'dependant' is not entitled for compassionate appointment.

The court noted 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'.

Case Title: Kalu Ram Jangid v. State Of Rajasthan

Citation: 2022 LiveLaw (Raj) 138