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SAMEER JAIN
Dhakoli Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Sameer Jain, J.)
With the consent of learned counsel for both the sides, the instant petition is taken up for final disposal.
2. The instant petition is filed assailing the impugned termination order dated 23.07.1994, with the following prayers:
ii) The respondents may kindly further be directed to treat Shri. Vijay Singh to be in continuous service of the respondents without any break.
iii) The respondents may kindly be directed to give appointment to petitioner no. 2 on compassionate ground with effect from the date of submitting the application for appointment, with all consequential benefits to him.
iv) They may kindly further be directed to give the family pension and make the payment of State Insurance, GPF and other emoluments, which are due in favour of the petitioners, alongwith interest @ 12% p.a.
v) Any other appropriate order or direction which this Hon'ble Court ma
Termination of service upheld due to lack of disciplinary proceedings; compassionate appointment denied due to delay and non-existent service at the time of death.
Compassionate appointment denied due to delay, prior refusal indicating no immediate destitution, not a vested right exercisable after years.
Compassionate appointment not a vested right; rejected due to delay, substantial terminal benefits exceeding limits, and family self-sufficiency.
No disciplinary proceedings can be initiated against a deceased employee; any termination order issued posthumously is void and ab initio.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
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