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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dinesh Mehta, J
Manish Vyas – Appellant
Versus
The State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. court analyzes relevant rules (Para 18 , 19 , 20 , 21) |
| 2. court's conclusion on type test (Para 22 , 23 , 24 , 25 , 26) |
| 3. petition allowed (Para 27 , 28 , 29 , 30 , 31) |
ORDER :
(DINESH MEHTA, J.)
1. The issue involved in the present case is, as to whether the petitioner who was given compassionate appointment on the post of Lower Division Clerk (LDC) under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred as ‘the Compassionate Appointment Rules, 1996) and/or under Rule 277 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as ‘the Panchayati Raj Rules, 1996) is required to clear type test for the purpose of conferment of additional benefits, such as annual grade increments, promotions, etc.
2. Mr. Dutt, learned counsel for the petitioner raised a grievance that in spite of the fact that the petitioner has completed more than 13 years of his service, the respondents have denied him the benefits of annual grade increments on the pretext that he has not cleared the type test.
3. Learned counsel submitted that the issue involved in the present case is squarely covered by the judgment pa
The court ruled that amendments to the qualification rules for LDCs eliminate the requirement for a type test for compassionate appointees who have acquired necessary computer proficiency.
The amended Rules of 1999 clarify that the educational qualification for LDC includes senior secondary education and computer proficiency, removing the type test requirement.
Seniorities should be computed based on initial appointment dates, regardless of subsequent qualification delays.
Seniority is to be computed from the initial appointment date despite conditions regarding qualifications in the rules.
Employee entitled to notional increments from appointment date despite qualification requirements, with actual benefits post-qualification.
Petitioner cannot claim reversion or fresh appointment on a post which he had not held at the time of appointment under Rules, 1974.
Compassionate appointment is an exception to the principle of equality of opportunity and must be in compliance with the rules or scheme governing compassionate appointment.
The issuance of a final notice to a dependent of a deceased Government employee, directing them to take a lower post after they have acquired the requisite qualification, is illegal and cannot be sus....
Compassionate appointments must be based on qualifications applicable at the time of application, and once an appointment is made, further claims for higher posts are not permitted.
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