Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Bunti D/o. Late Sh. Raju Lal – Appellant
Versus
State of Rajasthan, Through Its Secretary, Department of Local Bodies, State Secretariat – Respondent
JUDGMENT :
1. Laying challenge to communication dated 31.08.2020 as well as decision taken in meetings dated 04.09.2020 and 30.10.2021, whereby compassionate appointment sought by the petitioner in place of her deceased father Late Shri Raju Lal has been denied, on account of the fact that her brother Sandeep already in the service of Municipal Board since 2015, the petitioner has filed this writ petition under Article 226 of the Constitution of India.
2. Facts of the case are not much in dispute. Petitioner’s father Late Shri Raju Lal, who was holding the post of Jamadar in the office of respondent No. 3, unfortunately passed away on 31.01.2020 while he was in service. As per the petitioner, she belongs to a Scheduled Caste Category as well as to marginalized and under privileged section of the society.
3. Learned counsel for the petitioner submits that father of the petitioner was the sole bread earner in her family. After death, he left behind him the petitioner, her mother and one sister as well as one brother-Sandeep.
4. Learned counsel for the petitioner would submit that so far as her brother Shri Sandeep is concerned soon after his marriage in the year 2008, he had started livi
Compassionate appointment cannot be granted if a dependent of the deceased government servant is already employed, as per Rule 5 of the Rajasthan Compassionate Appointment Rules.
The court ruled that 'daughter-in-law' qualifies as a dependent under the Rajasthan Compassionate Appointment Rules, emphasizing purposive interpretation to achieve legislative intent.
Compassionate appointments are exceptions to recruitment norms and require strict adherence to eligibility criteria, which were not satisfied in this case.
Compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Compassionate appointments must consider the employment status of dependents at the time of the deceased's death, not subsequent changes.
Point of law: In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of p....
Compassionate appointment is an exception to the general rule of appointment in the public services and is provided to enable the family to tide over a sudden crisis. It is not a source of recruitmen....
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
