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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana, J.
Kalu Ram Jangid – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 3660 of 2019
Decided On : 20-04-2022
Compassionate Appointment - Government Servant - The court upheld the rejection of the petitioner's application for compassionate appointment after the death of his brother, a government servant, based on the specific provisions of Rule 2(c)(v) of the Rajasthan Compassion Appointment of Dependants of Deceased Government Servants Rules, 1996, which stated that a married brother of a deceased government servant is not considered a 'dependant' and therefore not entitled to compassionate appointment.
Fact of the Case:
The petitioner, brother of a deceased government servant, applied for compassionate appointment after his brother's death. The application was rejected based on the rule that a married brother is not considered a 'dependant' under the Rules of 1996.
Finding of the Court:
The court upheld the rejection of the petitioner's application, citing the specific provisions of Rule 2(c)(v) of the Rules of 1996, which deemed a married brother of a deceased government servant as not entitled to compassionate appointment.
Issues: The issue revolved around the interpretation of the term 'dependant' under the Rules of 1996 and whether the petitioner, as a married brother of the deceased government servant, fell within this definition.
Ratio Decidendi: The court's decision was influenced by the specific provisions of Rule 2(c)(v) of the Rules of 1996, which clearly stated that a married brother of a deceased government servant is not considered a 'dependant' and therefore not entitled to compassionate appointment.
Final Decision: The court dismissed the writ petition, upholding the rejection of the petitioner's application for compassionate appointment.
ORDER
1. The present writ petition has been filed against the order dated 01.01.2019 (Annex.-13), whereby the application of the petitioner for compassionate appointment after the death of his brother, who was a government servant, has been rejected.
2. Petitioner is the brother of the deceased government servant, Ramesh Jangid who expired on 22.05.2018. After his death, petitioner, being his brother, applied for compassionate appointment. The said application was rejected on the premise that in terms of Rule 2(c)(v) of the Rajasthan Compassion Appointment of Dependants of Deceased Government Servants Rules, 1996 ('the Rules of 1996'), the married brother of a deceased government servant being not a 'dependant' is not entitled for compassionate appointment. The Rules provide for the compassionate appointment to a dependant of the deceased government servant and an unmarried brother of an unmarried deceased government servant does not fall within the definition of 'dependant'. Admittedly, the petitioner is married and therefore, in terms of the Rules of 1996, the petitioner cannot be held to be a dependant and to be entitled for compassionate appointment.
3. In view of the specific provisions of law, this Court is not inclined to interfere with the order dated 01.01.2019. Hence the present writ petition is dismissed.
The specific provisions of Rule 2(c)(v) of the Rajasthan Compassion Appointment of Dependants of Deceased Government Servants Rules, 1996, regarding the definition of 'dependant' and entitlement to c....
It is clear that the main object behind the Rules of 1996 is to consider the dependency of the deceased employee, to take care of the dependents of the deceased employee and to save them from financi....
Compassionate appointments must consider the employment status of dependents at the time of the deceased's death, not subsequent changes.
Interpretation of the circular regarding compassionate appointment in the case of a married deceased government servant.
Compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Employment and Service matter - Grant of compassionate appointment - Rejection of claim for compassionate appointment to a person who was directly dependant upon earnings of deceased employee would b....
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment should be based on the specific provisions of the Dying-in-Harness Rules, and in this c....
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