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SANDEEP MEHTA, KULDEEP MATHUR
Hemendra Puri – Appellant
Versus
Jai Narayan Vyas University, Jodhpur (Raj. ) – Respondent
JUDGMENT
1. The present intra court appeal has been preferred against the judgment dated 12.04.2018 passed by learned Single Bench whereby writ petition filed by the petitioner seeking compassionate appointment in the respondent Jai Narayan Vyas University (hereinafter referred to as 'respondent-university') in lieu of his deceased father was rejected.
2. Briefly stated facts of the case are that the father of the appellant while working on the post of 'Tabla Vadak' in the respondent-university, passed away on 01.12.2004. The appellant and respondent No.4 (born through second wife Smt. Kamla) applied for appointment on compassionate grounds in place of deceased employee. The respondent-university considered both the applications keeping in view the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'Rules of 1996') and vide office order dated 04.08.2005 extended compassionate appointment in favour of respondent No.4. Aggrieved by the aforesaid action of the respondent-university, the appellant filed a writ petition which came to be dismissed vide order dated 12.04.2018. Hence, this special appeal
The main legal point established is that the appointment of dependents for compassionate appointment must comply with the relevant rules and consider the overall interest and welfare of the family.
The denial of compassionate appointment to legitimate children born from a second marriage is unconstitutional and violates Article 14 of the Constitution.
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
(1) Compassionate Appointment – Descent cannot be a ground for denying employment under scheme of compassionate appointments.(2) Compassionate Appointment – Appellant cannot be denied consideration u....
Compassionate appointment -Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the f....
The court established that conditions imposed for compassionate appointments can be justified if they serve a legitimate purpose, such as population control, and do not violate constitutional princip....
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
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