Back
DINESH MEHTA
Deepak Singh Chouhan – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. facts regarding petitioner's request for compassionate appointment. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning rule 5 amendment applicability. (Para 8 , 9 , 10) |
| 3. court's observations on applicant's eligibility. (Para 11 , 13 , 14 , 15) |
| 4. amendment of rule 5 relevant to compassionate appointment. (Para 16 , 17) |
| 5. final order and directions given by the court. (Para 18 , 19 , 20 , 21 , 22) |
ORDER :
I.A. No. 01 of 2021:
1. The application seeking early listing of the matter has been rendered infructuous.
2. Dismissed accordingly.
I.A. No. 01 of 2023:
Considering that the matter relates to compassionate appointment, the application is allowed and the matter is taken up for consideration today itself.
S.B. Civil Writ Petition No. 14551 of 2019:
The instant writ petition lays challenge to the order dated 26.07.2019 passed by the Commissioner, Municipal Corporation, Jodhpur, whereby petitioner's application for grant of compassionate appointment under the RAJASTHAN COMPASSIONATE APPOINTMENT OF DEPENDENTS OF DECEASED GOVERNMENT SERVANTS RULES , 1996 (hereinafter referred to as “the Rules of 1996”) has been turned down.
2.1 The facts necessary for the present purposes are th
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 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 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 appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
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.
The main legal point established in the judgment is that the eligibility for compassionate appointment is determined based on the provisions of the Consolidated Revised Instructions on Compassionate ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
