[09th
September 2022] In exercise of the powers
conferred by the proviso to Article 309 of the Constitution of India, the
Governor of Rajasthan hereby makes the following rules regulating the
appointment of dependents of deceased defence personnel (battle casualties),
namely:- (1)
These rules may be called the Rajasthan
Appointment of Dependents of Deceased (Martyred) Armed Forces Personnel Rules,
2022. (2)
These rules shall apply to dependents of
deceased (Martyred) Armed Force Personnel who are bonafide residents of the
State of Rajasthan. (3)
They shall come into force with immediate
effect. (i)
"Appointing Authority" means the
Government of Rajasthan and includes any other officer to whom powers have been
delegated by the Government through a Special or, General order to exercise the
powers and functions of the Appointing Authority under the relevant Service
Rules, if any; (ii)
"Armed Forces Personnel" means the
personnel of Army, Navy and Air Force of the Union; (iii)
"Board" means the Rajasthan Staff
Selection Board; (iv)
"Dependents" means,- (a)
Spouse, or (b)
Son/adopted son, or (c)
Daughter/adopted daughter, or (d)
Grands or/adopted grandson, or (e)
Grand daughter/ adopted grand daughter ,or (f)
Daughters son/ adopted daughters son, or (g)
Daughters daughter/ adopted daughters
daughter, or (h)
Brother or sister/ brothers son/ brothers
daughter, sisters son/ sisters daughter in case of unmarried deceased Armed
Force Personnel. Note:-Adoption means legally
adopted son/daughter under the Hindu Adoption and Maintenance Act, 1956. For
dependents of personnel belonging to other than Hindu religion, case will be
referred to Department of Personnel (A-II) for necessary clarification. (v)
"Government" means the Government
of Rajasthan. (vi)
oostate" means the State of Rajasthan;
and (vii)
I Bonafide Resident" means a person who
possesses Bonafide Resident Certificate issued by the Competent Authority. (1)
The dependents may be considered for
appointment to a post upto level in pay matrix L-10 and meant for being filled
up by direct recruitment in the Subordinate Services, Ministerial Services or
Class IV Services, as the case may be, according to his/her educational
qualification and fulfillment of other service conditions irrespective of the
rank and status of the deceased. (2)
Once an appointment has been made on any post
under these rules, the benefit intended under these rules shall be deemed to
have been availed and the case shall not be re-opened for appointment to any
other post in any circumstances. (1)
The dependents should possess the
qualifications prescribed for the post under the concerned service rules at the
time of appointment. (2)
While considering for an appointment, the
requirement of educational qualifications for that particular post shall be
essential. (3)
Before a dependent is appointed, Appointing
Authority shall satisfy himself herself that such dependent is otherwise fit
for the Government Service with regards to his/her character, physical fitness
and fulfillment of other general conditions prescribed in the concerned service
rules. Provided that the crucial
date for calculatingage shall be the date of receipt of application for
appointment. The time spent in arranging a suitable post shall not disqualify
the dependents in case he/she becomes overage during that period. (i)
if widow of Shaheed (Martyr of Armed Forces)
is alive then any one of the dependents, as defined in clause (iv) of rule 3,
nominated by the widow ; (ii)
if widow of Shaheed (Martyr of Armed Forces)
is not alive, then son/adopted son, daughter adopted daughter and if
son/adopted son, and daughter/adopted daughter are not eligible, then one of
the dependents as defined in clause (iv) of rule 3, nominated by Parent of
Shaheed (Martyr) and if Parent of Shaheed (Martyr) are not alive, then one of
the dependents as defined in clause (iv) of rule 3, nominated by the senior
most dependent, as per seniority of age, of the shaheed (Martyr); (iii)
if Shaheed (Deceased Personnel of Armed
Forces) was unmarried, any dependent as specified in sub-clause (h) of clause
(iv) of rule 3, nominated by parents, if parent are not alive, then eldest
brother/ sister of shaheed as per seniority of age and if brother or sister is
not eligible, brothers son/brothers daughter or sisters son/ sisters daughter
as per seniority of age. Note: For the purpose of
this rule, such test shall be conducted by the committee empowered under
notification circular issued in this regard by the Competent Authority. (1)
The application shall be made by one of the
dependents of the deceased Armed Forces Personnel in the order of preference as
specified in rule B above. (2)
If the applicant is son/ daughter of Shaheed
(Martyr of Armed Forces), he / she shall submit an application for the
appointment to the Zila Sainik Kalyan Adhikari duly verified by the competent
designated office of Armed Forces Headquarters to which the deceased (Martyr)
belonged at the time of death. If the applicant is a dependent other than son/
daughter, he/ she shall submit an application for the appointment to the Zlla
Sainik Kalyan Adhikari along with a Dependent Certificate (Varis Certificate)
issued by Sub Divisional Magistrate /Tehsildar. (3)
The application shall contain the following
information, namely:- (a)
Name and designation of deceased (Battle
Casualty) Armed Forces Personnel; (b)
Unit in which he/she was serving prior to
death; and (c)
Battle Casualty Certificate issued by the
competent office of the concerned Armed Forces. (4)
The application of such dependent shall be
forwarded to the District Collector concerned for suitable appointment
according to the qualifications possessed by the applicant. In the event of
non-availability of vacancy in the district concerned, the application shall be
sent to the Divisional Commissioner who shall arrange appointment in any of the
District under his jurisdiction. If vacant post is not available under the
jurisdiction of the Divisional Commissioner, then the application shall be
referred by the Divisional Commissioner to Department of Personnel (A-II) for
providing appointment. (5)
In case vacancy of a suitabie post as per the
qualification of the applicant is not available, the department concerned or
authority shall forward the case to the Department of Personnel (A-II) for
necessary action. Provided that any action
taken under the rules and orders so repealed shall be deemed to have been taken
under the provisions of these rules.Rajasthan
Appointment Of Dependents Of Deceased (Martyred) Armed Forces Personnel Rules,
2022
Notwithstanding anything contained in any Service Rules regulating the
recruitment of persons in various services of the State or in the rules that
may be framed hereinafter, the dependent of a deceased (Battle Casualty) Armed
Forces Personnel during the period from 1 5-08- 1947 to 3l-12-1971 and who was a
bonafide resident of the State shall be eligible for appointment to the posts
specified in various Service Rules and they shall not confer any right to a
particular post.
In these rules unless the context otherwise requires,-
An Armed Forces Personnel (Army, Navy, Air Force) who has died in war or any
Defence Operation including counter insurgency and counter terrorists
operations during the period from 15-08-1947 to 3l-12-1971 while in service and
declared a Battle Casualty by the authorized office of Armed Forces
Headquarters, one of the dependents of such Armed Forces Personnel may be
considered for appointment in Government Service.
The dependents should be within the age limit prescribed for the post under the
service rules concemed at time of appointment:
The order of preference for appointment under these rules shall be as under,-
The procedural requirement for selection, such as training or departmental
examination or typing on computer, shall not be insisted upon at the time of
initial appointment. The dependents shall, however, be required to clear such
training or departmental examination or typing on computer within a period of
two years from the date of appointment for confirmation, failing which his/her
appointment shall be liable to be terminated. No annual increments will be
allowed until he/she acquires such qualifications. On acquiring such
qualifications, annual grade increments shall be allowed notionally from the date
of appointment but no arrears will be paid.
The Rajasthan Appointment of Dependents of Deceased Defence Personnel
Rules,2018 and all orders issued in relation to matters covered by these rules
and in force immediately before the commencement of these rules are hereby
repealed :
The Department of Personnel in consultation with Sainik Kalyan Vibhag,
Government of Rajasthan will function as the Nodal Department for the purpose
of administrating these rules and it may make any general or special order as
it may consider necessary or expedient for proper implementation of these
rules.
If any doubt arises relating to the application and scope of these rules, it
shall be referred to the Department of Personnel (A-II) whose decision thereon
shall be final.
If any difficulty arises in implementation of these rules, the State Government
may, by order, make such provisions as may appeff to it to be necessary for
removing such difficulty.