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Pramod Kumar Vs. the State of Rajasthan and ors.

Pramod Kumar vs The State of Rajasthan and ors.

Disposition Petition allowed Court Rajasthan Decided Oct 26, 1990
~2 min read
https://sooperkanoon.com/case/759675

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Civil Writ Petition No. 2838 of 1990
Subject
Service
Disposition
Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Rajasthan Recruitment of Dependants of Government Servants Dying while in Service Rules 1975 - Petitioner's father teacher in service when he died--Petitioner then minor--Held, petitioner be given suitable employment according to qualification.;The petitioner's father was a teacher in the Education Department and wh...

Key legal issue
Service
Outcome / disposition
Petition allowed

Parties & Advocates

Appellant / Petitioner

Pramod Kumar

Respondent

The State of Rajasthan and ors.

Legal References

Cases Referred
Shasi Kant v. State of Rajasthan
Reported In
1990(2)WLN392

Excerpt

rajasthan recruitment of dependants of government servants dying while in service rules 1975 - petitioner's father teacher in service when he died--petitioner then minor--held, petitioner be given suitable employment according to qualification.;the petitioner's father was a teacher in the education department and while being in service he died on 8th january, 1971. the petitioner was minor at the time of the death of his father.;the respondents are directed to process the application of the petitioner for suitable employment and keeping in view his qualification, employment be provided to the petitioner on a suitable post in accordance with rules.;writ allowed. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. m.r. calla, j.1. heard learned counsel for the parties.2. the petitioner in this case has filed this writ petition against the denial fo employment to him under the provisions of the rajasthan recruitment of dependants of government servants dying while in service rules, 1975. '3. the petitioner's father was a teacher in the education department and while being in service he died on 8th january 1971. the petitioner was minor at the time of the death of his father. after passing secondary examination in the year 1982, he applied for employment under the aforesaid rules of 1975, which came into force with effect from 2nd sept. 1972. the employment has been denied to the petitioner on the ground that the said rules of 1975 came into force with effect from 2nd september 1972, while the father of the petitioner expired prior to 2nd september 1972. it has been held by a division bench of this court in the case of shasi kant v. state of rajasthan, reported in 1989 (1) rlr 586 that merely because the rules came into force with effect from 2nd september, 1972, employment cannot be denied to the dependants of a government servant dying while in service.4. in view of the division bench decision of this court, as stated above, this writ petition is allowed and the respondents are directed to process the application of the petitioner for suitable employment and keeping in view his qualification, employment be provided to the petitioner on a suitable post in accordance with rules. the aforesaid directions will be complied with within a period of two moths, from the date the copy of the judgment is received.5. the writ petitioner is allowed as indicated above.

Full Judgment

M.R. Calla, J.

1. Heard learned Counsel for the parties.

2. The petitioner in this case has filed this writ petition against the denial fo employment to him under the provisions of the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules, 1975. '

3. The petitioner's father was a teacher in the Education Department and while being in service he died on 8th January 1971. The petitioner was minor at the time of the death of his father. After passing Secondary Examination in the year 1982, he applied for employment under the aforesaid Rules of 1975, which came into force with effect from 2nd Sept. 1972. The employment has been denied to the petitioner on the ground that the said Rules of 1975 came into force with effect from 2nd September 1972, while the father of the petitioner expired prior to 2nd September 1972. It has been held by a Division Bench of this Court in the case of Shasi Kant v. State of Rajasthan, reported in 1989 (1) RLR 586 that merely because the Rules came into force with effect from 2nd September, 1972, employment cannot be denied to the dependants of a government servant dying while in service.

4. In view of the Division Bench decision of this Court, as stated above, this writ petition is allowed and the respondents are directed to process the application of the petitioner for suitable employment and keeping in view his qualification, employment be provided to the petitioner on a suitable post in accordance with Rules. The aforesaid directions will be complied with within a period of two moths, from the date the copy of the judgment is received.

5. The writ petitioner is allowed as indicated above.

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