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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Ashik Ali, S/o. Late Shri Haider Ali Shekh – Appellant
Versus
State of Rajasthan, through the Secretary, Department of Panchayat & Rural Development Secretariat – Respondent
JUDGMENT :
(ANAND SHARMA, J.)
1. Feeling aggrieved by order dated 15.06.2000 issued by the Additional Chief Executive Officer, Zila Parishad, Ajmer, whereby the petitioner has been denied compassionate appointment on account of pendency of criminal case, the petitioner has invoked extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India.
2. Facts in brief are that the petitioner has filed the instant writ petition stating therein that his father Late Shri Haider Ali Shekh was holding of substantive post of Teacher in Govt. Primary School, Bhinai, unfortunately, he expired on 13.08.1999 while he was in service leaving behind his wife, one daughter and two sons. Petitioner contends that his father was sole bread earner in the family and therefore, his sudden death has put the entire family in grave financial crisis. Petitioner being eligible submitted an application on 04.09.1999 under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred as ‘the Rules of 1996’) for seeking compassionate appointment in place of deceased father, however, such application was rejected by Additional Chief Exec
The court upheld the denial of compassionate appointment based on the applicant's pending criminal case, emphasizing the necessity of good moral character as per the applicable rules.
Mere pendency of a criminal case cannot justify the denial of compassionate appointment, particularly when supported by a valid character certificate from a competent authority.
The mere pendency of a criminal case does not automatically disqualify a candidate for compassionate appointment; each case must be assessed on its own merits.
Dependents entitled to compassionate appointment despite deceased employee's abated criminal case and dropped enquiry; presumption of innocence applies, no vicarious disqualification without proven g....
Compassionate appointment is not a fundamental right and eligibility is contingent on the absence of criminal proceedings at the time of application.
Pending criminal cases disqualify compassionate appointment; employer can reject based on antecedents and trustworthiness.
Suppression of criminal case information does not automatically disqualify compassionate appointment; objective evaluation required.
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