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2014 DIGILAW 762 (RAJ)

Hukma Ram v. State of Rajasthan

2014-03-25

GOPAL KRISHAN VYAS

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JUDGMENT 1. - The instant writ petition has been filed by the petitioner for seeking direction to the respondents to provide appointment on the post of Class-IV employee in the Government Department as per the provision of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. As per the facts, father of petitioner was murdered and for the said incident, an FIR was filed at Police Station Bhopalgarh, District Jodhpur by the petitioner on 25.1.2001 under Section 447, 307 and 323 I.P.C. and under Section 3 (2) (v) of the SC/ST (Prevention of Attrocities) Act, 1989 and after investigation, the police filed challan in the Court of Spcial Judge, SC/ST cases, Jodhpur on 09.04.2001. 3. The petitioner being son of late Ramdeen filed an application before the respondent No.4 for arrangement and provide relief to the family members of the dependents of deceased Ramdeen as per aforesaid rule because deceased Ramdeen was head of family and he was only earning member in the family. Due to death of his father, the economic condition of the family was abruptly collapsed, therefore, a request was made for providing relief to the family. On 12.11.2002, the petitioner submitted an application to the respondent No.4 for appointment in the Government service as per the SC/ST (Prevention of Attrocities) Act, 1989 and the rules made thereunder but till date, no appointment is provided to the petitioner so also Sayari widow of deceased late Ramdeen did not get family pension @ Rs. 1000/- as per the rules, therefore, the direction may be issued to the respondents to provide appointment under the provisions of the Act of 1989 because father of the petitioner was murdered and he was belonging to scheduled caste category. 4. In reply filed by the respondent State, it is submitted that the District Collector granted aid to the tune of Rs. 1 Lac to the family of the deceased on 6.3.2002 as per the rules. The applicant Sohanlal submitted an application for economic aid to the extend of Rs. 5 Lacs which is not permissible under the law. 4. In reply filed by the respondent State, it is submitted that the District Collector granted aid to the tune of Rs. 1 Lac to the family of the deceased on 6.3.2002 as per the rules. The applicant Sohanlal submitted an application for economic aid to the extend of Rs. 5 Lacs which is not permissible under the law. It is also replied that provision for appointment on compassionate ground as referred by the petitioner are not mandatory, therefore, in absence of any statutory rules, no direction can be issued for providing appointment on the ground that the father of the petitioner was belonging to scheduled caste category and he was murdered, therefore, this writ petition may be dismissed. 5. After hearing learned counsel for the parties, I have perused the relevant provisions for the purpose of considering the prayer of the petitioner. 6. In para-12 (4) of the rules of 1995, following provisions is included, which reads as under:- "(4) The District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate shall make arrangements for providing immediate relief in cash or in kind or both to the victims of atrocity, their family members and dependents according to the scale as in the Schedule annexed to these rules (Annexure-I read with Annexure-II). Such immediate relief shall also include food, water, clothing, shelter, medical aid, transport facilities and other essential items necessary for human beings." 7. In the Schedule-I, in para-21, following provision is incorporated:- "21. Victim of murder, death massacre, rape, mass rape and gang rape, permanent incapacitation and dacoity : In addition to the relief amounts paid under above items, relief may be arranged within three months of date of atrocity as follows:- (i) Pension to each widow and/or other dependents of deceased SC and ST @ Rs. 1,000/- per month, or Employment to one member of the family of the deceased, or provision of agricultural land, a house, if necessary by outright purchase. (ii) Full cost of the education and maintenance of the children of the victims. Children may be admitted to Ashram Schools/residential schools. (iii) Provision of utensils, rice, wheat, dals, pulses etc. for a period of three months." 8. (ii) Full cost of the education and maintenance of the children of the victims. Children may be admitted to Ashram Schools/residential schools. (iii) Provision of utensils, rice, wheat, dals, pulses etc. for a period of three months." 8. The instant writ petition has been filed for seeking direction to provide appointment on compassionate ground but upon perusal of above rules, it is revealed that it is not mandatory provision for providing appointment on compassionate ground, the only assertion is that pension to each widow and/or other dependents of deceased SC and ST @ Rs. 1,000/- per month, or employment to one member of the family of the deceased, or provision of agricultural land, a house, if necessary by outright purchase can be provided but herein this case Rs. 1 Lac has already been paid by the District Collector so also in reply in para-6, it is specifically pleaded that family of the deceased Ramdeen is having 20 bighas of land, therefore, the claim of the petitioner is absolutely misconceived. 9. In my opinion, when provisions of Act and Rules are not mandatory in nature, therefore, the petitioner cannot claim appointment as a matter of right on the ground that his father, who belongs to scheduled caste category was murdered. It is also worthwhile to observed that petitioner himself is admitting the fact that in the criminal trial the accused were acquitted by the criminal case, therefore, there is no force in this writ petition. Hence, this writ petition is hereby dismissed.Petition Dismissed. *******