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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Manoj Kumar Sharma, S/o. Late Shri Babulal Sharma – Appellant
Versus
Government Of Rajasthan, Through Chief Secretary – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. The instant petition is filed by the petitioner with the following prayer:-
"(i) The impugned termination of order dated 19.12.2018 and order dated 05.11.2019 may be quashed and set aside with all consequential benefits.
(ii) That the respondents may be directed to consider Compassionate appointment of the petitioner on the post of Naib Tehsildar along with seniority with all consequential benefits.
(iii) That the respondents may be directed in future to follow the procedure of appointment as prescribed in the rules of 1996 and guidelines as per which the state list be prepared and the appointment be given strictly on comparative merit as per the date of application and eligibility of dependents.
(iv) Any other order or direction the Hon'ble Court may deems just and proper may kindly be passed in favor of the humble petitioners."
2. Learned counsel for the petitioner and the petitioner himself have argued the matter, and submitted that the petitioner was appointed as Clerk on compassionate ground under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred as 'the Rules of 1996'), as amended f
Petitioner cannot claim reversion or fresh appointment on a post which he had not held at the time of appointment under Rules, 1974.
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 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....
Rule 9 reads as Procedural Requirement etc.
Compassionate appointments for dependants must adhere to rules applicable at the time of the breadwinner's death, ensuring immediate assistance in times of financial crisis.
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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