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2001 DIGILAW 281 (RAJ)

Babu Lal Saini v. State of Rajasthan

2001-02-16

ASHOK PARIHAR

body2001
JUDGMENT 1. - This is one of the glaring cases of sheer insensitiveness and pathetic casual approach of the concerning authorities, that also of the Education Department. Father of the petitioner, Nathu Ram Saini, died on 15.3.1999, while in service, working on the post of Teacher Gr. III at Government Primary School, Ganeshpura, Nawalgarh (Jhunjhunu). Petitioner submitted his application for compassionate appointment in the prescribed form along with the documents in regard to his qualifications. The application was duly forwarded by the Senior Dy. District Education Officer to the District Education Officer (Elementary), Jhunjhunu on 26.4 1999. A certificate was also issued in the name of the father of the petitioner late Nathu Ram Saini by the DEO (Elementary), Jhunjhunu on 20.5.1999 that at the time of death of Shri Nathu Ram Saini, no enquiry either under rule 16 or 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 was either contemplated or even pending. 2. On enquiry been made by the petitioner, the concerning authorities informed the petitioner that he cannot be given appointment on compassionate ground only on the ground that in the marksheet of his Secondary School examination of the year 1981, the name of father of the petitioner has been mentioned as Nathmal Saini, whereas. in the Graduation Certificate the name of the father of the petitioner has been mentioned as Nathu Ram Saini. Since there are two different names of father of the petitioner in two different certificates, in absence of any verification in regard to correct name of father of the petitioner he is not entitled for appointment on compassionate grounds. 3. The petitioner further submitted an application, before the concerning authorities, that due to initial mistake made in the Transfer Certificate, issued in the year 1978, name of the father of the petitioner has wrongly been mentioned as Nathmal Saini, however, subsequently, on an application been submitted by the petitioner, after verifying the record, a correct duplicate copy of Transfer Certificate has been issued by the school concerned, in which name of father of the petitioner has correctly been shown as Nathu Ram Saini. The petitioner also filed his own affidavit, duly attested, stating therein that name of father of the petitioner is Nathu Ram Saini only and he is the son of the deceased employee. The petitioner also filed his own affidavit, duly attested, stating therein that name of father of the petitioner is Nathu Ram Saini only and he is the son of the deceased employee. Since no heed was paid by the authorities, the present writ petition has been filed with the prayer for getting appointment on the post of Teacher Gr. III on compassionate ground. 4. In reply to the writ petition also, same stand has been taken by the respondents that since there is some discrepancy in regard to name of father of the petitioner in two certificates, he cannot be given appointment on the post of Teacher Gr. III on compassionate ground. 5. After entire material been placed on record, counsel for the respondent department was directed to seek instructions and also call the DEO concerned in court to consider the matter again sympathetically. However, to utmost surprise and astonishment, the attitude of the counsel for the respondent department and the officer concerned did not change. They were not even prepared to apply their mind again over the matter. 6. After having considered submissions made by learned counsel for the parties, I have carefully gone through the entire material on record. 7. It has not been disputed in reply filed on behalf of respondent department that the petitioner is having requisite qualifications for the post of Teacher Gr. III. In the Graduation Certificate the name of father of the petitioner has clearly been mentioned as Nathu Ram Saini. The application filed by the petitioner giving details of his family members had duly been forwarded by the concerning authorities, for giving him appointment on compassionate grounds. The mistake committed by the school authorities, in issuing Transfer Certificate with incorrect name of father of the petitioner, has also been duly rectified and duplicate copy of Transfer Certificate with correct name of father of the petitioner has also been issued by the school concerned. The affidavit of the petitioner duly attested is also on record. In such circumstances, I am of the considered opinion that it is wholly unreasonable and atrocious on the part of the authorities to dispute the paternity of the petitioner and reject his application for appointment on compassionate ground only on the ground that in some certificate name of father of the petitioner has incorrectly been mentioned as Nathmal Saini. 8. In such circumstances, I am of the considered opinion that it is wholly unreasonable and atrocious on the part of the authorities to dispute the paternity of the petitioner and reject his application for appointment on compassionate ground only on the ground that in some certificate name of father of the petitioner has incorrectly been mentioned as Nathmal Saini. 8. After having carefully considered the entire facts and circumstances of the present case, the respondents are directed to give appointment to the petitioner on compassionate ground on suitable post as per his qualifications. Necessary orders be issued within 30 days from the receipt of certified copy of this order. Looking to the apathy and stubborn attitude of the authorities of the department, the petitioner is also allowed a cost of Rs. 1000/-, which is to be paid to him within the period mentioned above. 9. The writ petition is allowed and disposed of accordingly.Writ Petition allowed. *******