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SANDEEP MEHTA, KULDEEP MATHUR
Rahul Birawat S/o Hastimal – Appellant
Versus
State Of Rajasthan – Respondent
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 Compassio
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.
Compassionate appointments must consider the employment status of dependents at the time of the deceased's death, not subsequent changes.
Compassionate appointment is an exception to the general rule and must adhere to the prevailing norms and eligibility criteria as per the policy.
The amendment to Rule 5 allows for compassionate appointment eligibility based on the dependent's status at the time of application, not just at the time of the government servant's death.
Compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Compassionate appointment cannot be granted if a dependent of the deceased government servant is already employed, as per Rule 5 of the Rajasthan Compassionate Appointment Rules.
Compassionate appointment is not a right but an exception, and the bar under Rule 5(1) applies when both parents are government employees, regardless of retirement status.
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