JUDGMENT 1. - The petitioner is a son of one Shri Dhoor Singh, who was a class IV employee in the office of the Government Salt Works Pachpadra Salts, district Barmer. He died on 21.6.68 while in service. At the time of death of Shri Dhoor Singh, the petitioner was only three years old. Now the petitioner has attained the age required for Government service and has passed class Vth examination. He, therefore, applied for appointment to a class IV post under the Government under the Rajasthan Recruitment of the Dependents of Government Servant Dying While in Service Rules, 1975 on compassionate ground. As this request was not accepted, the petitioner has approached this Court. 2. In reply to the writ petition, respondent No. 1 has taken a stand that the Government Salt Works, Pachpadara district Barmer has since been transferred to private sector and as such no appointment to class IV post in that unit can be made by the government. 3. Having heard learned counsel, I am of the view that transfer of the undertaking to private sector could not be a ground for refusing to consider the petitioner's application specially when the rules permit the minor child of the deceased Government employee to make application after he becomes eligible for employment. The right to apply for employment and be considered for it, accrues on the death of the deceased employee. If the petitioner had not been a minor then he could have been considered under the scheme for employment on compassionate ground. He cannot be made to suffer only because at that time he was minor. In such a situation also, the Government has to consider the application and if the petitioner is found suitable, he has to be employed in some other department under the control of the Government in accordance with the rules. 4. The writ petition is, therefore, allowed. The respondents are directed to consider the case of the petitioner for appointment on compassionate ground in the department to which those Government servants, who were working in the Government Salt Works, Pachpadara district Barmer immediately before it was handed over to private sector had gone and absorbed on their opting for Government service rather than opting for going to the private sector. The petitioner's application shall be considered in accordance with the rules and if he is found eligible, he shall be provided employment.
The petitioner's application shall be considered in accordance with the rules and if he is found eligible, he shall be provided employment. All this be done within a period of three months. There shall be no order as to costs.Petition allowed. *******