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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE MUNNURI LAXMAN, JJ
Ajmer Vidyut Vitran Nigam Limited – Appellant
Versus
Mukesh Kumar Berwa S/o Shri Uma Shanker Berwa – Respondent
Judgment :
Pushpendra Singh Bhati, J.
1. The present Special Appeal has been preferred by the appellants (respondents in the writ petition) laying a challenge to the order dated 03.07.2014 passed by learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.4539/2014 (Mukesh Kumar Berwa vs Ajmer Vidhyut Vitaran Nigam Ltd. & Ors.), whereby the writ petition was disposed of, while giving liberty to the respondent (writ petitioner) to file representation, and directing the appellants to consider his case for compassionate appointment, within one month from the date of receipt of such representation, in terms of the orders, as referred in the impugned order.
2. The factual background, as presented by the learned Counsel for the appellants, is that the respondent was the son of the Late Shri Uma Shankar Berwa, who passed away on 17.02.2011, while serving as Helper Grade II with the appellants, at Shahpura. The respondent submitted an application before the Secretary, AVVN Ltd., praying for according compassionate appointment in the Department, in accordance with Rajasthan Compassionate Appointments of Dependents of Deceased Government Servant Rules , 1996 (in short, ‘Rules o
Compassionate appointments must adhere to the eligibility criteria existing at the time of the employee's death, and retrospective application of new rules is not permissible.
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
Compassionate appointment limited to immediate financial distress post-employee death; 23-year delay disqualifies claim despite valid adoption.
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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