The purpose of providing appointment on compassionate ground is to mitigate the hardship due to the death of the bread-earner in the family, and exceptional clauses/rules must be strictly construed.

JUDGMENT :

1. The facts in a nutshell are that the father of the petitioner, Shri Hastimal while working on the post of ‘Constable’ in the respondent-department, passed away on 16.08.2021. The petitioner applied for appointment on compassionate ground through an application dated 15.09.2021. The application was forwarded by Superintendent of Police, Pali to Inspector General of Police, Jodhpur Range, Jodhpur vide communication dated 22.11.2021. The application was further forwarded by Inspector General of Police, Jodhpur Range, Jodhpur to Director General of Police, Jaipur. The Director General of Police, Jaipur issued an order dated 25.02.2022 whereby, petitioner was allotted District Chittorgarh for compassionate appointment on the post of LDC. The Superintendent of Police, Chittorgarh directed the petitioner vide communication dated 21.03.2022 to appear before him with original documents of educational qualifications and character certificate along with other requisite documents. The communication dated 21.03.2022 was forwarded to Police Station Officer, Bali District Pali for submitting character verification report and inquiry report in relation to Rule 5 of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. The Director General of Police, Jaipur vide order dated 06.06.2022 cancelled the offer of appointment dated 25.02.2022, on the ground that elder son of Late Shri Hastimal, Shri Suraj is already working as Safai Karamchari with Municipal Board, Bali, District Pali and therefore, in view of provisions contained in Rule 5 of Rules of 1996, the petitioner is not eligible to be appointed on compassionate ground. The present writ petition has been filed challenging the vires of Rule 5 of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 praying for following reliefs:-

“A. By an appropriate writ order or direction, the Rule 5.1 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 i.e. “When a Government Servant dies while in service one of his/her dependents may be considered for appointment in Government service subject to the condition that employment under these rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the central/any State Government or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government servant. Provided that this condition shall not apply where the widow seeks employment for herself” may kindly be quashed and declared ultra vires and unconstitutional to the extent of restricting relaxation for afford compassionate appointment only to the widow and extending the relaxation to the other family members of the deceased employee who are not maintained by the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the central/ any State Government or Statutory Board, Organization/ Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government servant.

B. By an appropriate writ, order or direction, the respondents may kindly be directed to include the persons like the petitioner other than the widow of the deceased employee in the proviso to Rule 5.1 of Rule 5 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (i.e. Provided that this condition shall not apply where the widow seeks employment for herself) for the purpose of affording compassionate appointment.

C. By an appropriate writ, order or direction, the order dated 06.06.2022 (Annex.-14) and any other order denying the compassionate