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DINESH MEHTA
Satya Prakash Saini S/o Late Shri Amar Singh Saini – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Elementary Education – Respondent
ORDER :
1. By way of instant writ petition, the petitioner has challenged the action of the respondent-State which has refused to consider petitioner’s case for compassionate appointment.
2. Though, no formal order of rejection has been passed on petitioner’s application seeking appointment under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as “the Rules of 1996”), but since the respondents have orally refused to give appointment to him as his father was facing suspension, when he died, the petitioner has to knock the door of this Court.
3. The facts apropos are that petitioner’s father – Late Amar Singh Saini was working as Teacher Grade-III in the respondent-Department.
4. During the course of his employment, a criminal case was registered against him for which he remained behind bars and was placed under suspension on 04.10.1994 under Rule 13(1) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”).
5. Suspension of said Amar Singh continued till he passed away on 20.01.2020.
6. As per the record, when said Amar Singh passed away, hi
Court cannot refrain from observing that enough injustice has been done to the departed soul and his family.
Compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
The appointment of a deceased employee cannot be adjudged void posthumously and retrospectively, and the dependents are entitled to consideration for compassionate appointment in accordance with the ....
The court upheld the principle that applications for compassionate appointments must adhere to statutory time limits, reinforcing the restrictive nature of compassionate employment provisions.
Compassionate employment cannot be granted after a lapse of a reasonable period specified in the rules, as it is meant to provide succor to the dependent of the deceased-employee during the financial....
The delay in submitting an application for compassionate appointment can render the appointment impermissible under the law.
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