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2016 DIGILAW 1348 (RAJ)

Mohammad Shhabir Khan S/o Late Shri Mohammad Sharif @ Shafi Mohd. Pathan v. State of Rajasthan through the Secretary, Department of Panchayati Raj and Rural Development, Secretariat, Jaipur

2016-09-15

NAVIN SINHA, PANKAJ BHANDARI

body2016
JUDGMENT : 1. The present appeal arises from order dated 19.03.2014, dismissing S.B. Civil Writ Petition No.1937/2014 declining to give directions for considering the appellant for compassionate appointment. 2. The father of the appellant is stated to have been working as Teacher Grade-III at the Government Primary School, Bhilwara. When he died in harness on 07.12.2013 the appellant applied for compassionate appointment on 13.01.2014. It have been rejected by respondent No.2 (District Education Officer (Elementary Education), Bhilwara), on the ground that while in the service records the name of the deceased was mentioned as Shafi Mohd. Pathan, in the educational certificate of the appellant the fathers name is mentioned as Mohd. Sharif. Therefore orders of the Competent Court may be obtained that both of them are one and the same person. 3. We have heard counsel for the parties and are satisfied that the appeal can be allowed at this stage with directions in view of the fact that it relates to a claim for compassionate appointment which has an element of urgency in it. We are also of the considered opinion that it is not necessary for the appellant to obtain orders of a Competent Court of law as the facts can well be verified by the respondents themselves in an inquiry. 4. If the deceased was in Government Service, there has to be a service book as also documents/pass books with regard to gratuity, provident fund, medical facilities in which the details of the legal heirs/beneficiaries or nominee may be available. The details in the bank account where the salary of the deceased was being created will also be a relevant consideration. The deceased himself have been facially well known to his colleagues in the office. If the name of the appellant figures in any Government document along with the photographs of the deceased that will also be relevant and can be cross verified from the co-employees. There is no reason why the District Education Officer cannot go to the locality where the deceased was residing and make inquiry from his neighbors and other responsible persons of the locality to verify the anomaly in the name of the deceased. Last but not least, the wife of the deceased will be a very important piece of evidence with regard to the claim of the appellant. Last but not least, the wife of the deceased will be a very important piece of evidence with regard to the claim of the appellant. There is no reason why the District Education Officer cannot make inquiry from her also. The mechanical manner in which the District Education Officer has acted displays complete lack of application of mind in discharge of duties. 5. The District Education Officer is directed to complete such inquiry within a maximum period of four weeks from the date of receipt and or production of a copy of the present order and pass a reasoned and speaking order disclosing full application of mind, the nature of inquiry held by him and the kind of documents considered. 6. We expect the District Education Officer to display prudent and not confine his consideration only to what we may have stated but also consider other Government documents that may be relevant. If the respondent No.2 is satisfied he shall simultaneously pass orders on the issue of compassionate appointment in accordance with law within the same period. 7. The order under appeal is set aside and the appeal is disposed with directions.