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2019 DIGILAW 2439 (RAJ)

Harphool Singh v. State of Rajasthan

2019-09-12

SANJEEV PRAKASH SHARMA

body2019
JUDGMENT : Sanjeev Prakash Sharma, J. 1. The petitioner by this writ petition assessed the appointment given to the respondent No. 7 on the post of LDC in the order dated 09.10.1990 on compassionate grounds. 2. Learned counsel for the petitioner submits that the petitioner has locus to file a writ of quo-warranto in lieu of law laid down by the Apex Court in the case of Rajesh Awasthi Vs. Nand Lal Jaiswal & Ors., (2013) 1 SCC 501 as a citizen of India. 3. Learned counsel further submitted that appointment of the respondent No. 7 was not in consonance with the Rajasthan Recruitment of Dependents of Government Servant (dying while in service) Rules, 1975 (hereinafter referred as "the Rules of 1975") as the respondent's mother was already in service at that time and therefore he could not have been appointed. 4. Learned counsel relies on provisions of Rule 6 of the Rules of 1975 to submit that there is a recruitment of mentioning the details of the family of the deceased government servant. Therefore, if he had mentioned about the details of his mother, he would not have been appointed. 5. I have considered submissions and find that while any citizen has a right to file writ of quo-warranto in view of the law of Rajesh Awasthi (supra)., the entire aspect which this court has to examine is that while examining the writ petition of seeking quo-warranto is to show whether the person who is holding the office is authorised to hold the same as per the Rules of 1975 envisaged under Rule 5, recorded as a member of family of the deceased and provided as under:- "5. Recruitment a member of the family of deceased :- In case of "deceased Government Servants" one member of his family who is not already employed under the Central/State Government or Statutory Board/Organisations/Corporations owned or controlled by the Central/State Government shall, on making an application for the purpose, be given a suitable employment in Government service without delay only against an existing vacancy, which is not within the purview of the State Public Service Commission, in relaxation of the normal recruitment rules, provided such member fulfils the educational qualification prescribed for the post and is also otherwise qualified for Government service. In the event of non availability of vacancy or any of the members of the family, being unqualified or minor is not found suitable or eligible for immediate employment, then such case should be considered immediately on the availability of the post or any one of them becomes qualified or eligible for such employment under these Rules. "Provided that recruitment may be made on posts which are within the purview of the Rajasthan Public Service Commission, except the major State Services mentioned in rule 3 where the appointing Authority is satisfied in consultation with the Department of Personnel and the Rajasthan Public Service Commission that a dependant of a deceased Government servant is qualified and suitable for appointment to such post." 6. Rule 6 mentioned the contention of application for employee Rule 7 provided the procedure whether more than 1 member of the family sought employment. "6. Contents of application for employment :- An application for appointment under these Rules shall be addressed to the Appointing Authority in respect of the post which appointment is sought, but it shall be sent to the concerned department or to the Head of Department/Office where the deceased Government servant was serving prior to his death. The application shall inter alia, contain the following information :- (1) The name and designation of the deceased Government servant; (2) Department/Office in which he was working prior to his death; (3) The date and place of the death of the deceased Government servant; (4) Last pay drawn and the Pay Scale; (5) Name, ages and other details pertaining to all members of the family of the decease, particularly about their marriage, employment and income; (6) Details of the financial condition of the family; and (7) Name, Date of birth, education and other qualifications, if any, of the applicant and his/her relation with the deceased Government servant. 7. Procedure when more than one member of the family seeks employment :- If more than one member of the family of the deceased Government servant seeks employment under these Rules, the Head of Department/Office shall decide about the suitability of the persons for giving employment. The decision will be taken keeping in view also the overall interest of the welfare of the entire family. Particularly the widow and the minor members thereof." 7. The decision will be taken keeping in view also the overall interest of the welfare of the entire family. Particularly the widow and the minor members thereof." 7. The party was required to be set aside the general qualifications before giving appointment in terms of Rule 9 which reads as under:- "9. Satisfaction of Appointing Authority as regards general qualifications :- Before a candidate is appointed, the Appointing Authority shall satisfy itself that : (a) The character of the candidate is such as to render him suitable in all respects for employment in Government service. Explanation - Persons dismissed by the Union Government or by any State Government or by a Local Authority or a Corporation owned or controlled by the Central Government or a State Government shall be deemed to be ineligible for appointment to the service. (b) He is in good mental and bodily health and free from and physical defect likely to interfere with the efficient performance of his/her duties, for which the candidate shall be required to appear before the appropriate medical authority and to produce a certificate of fitness in accordance with the rules applicable to the case; and, (c) In the case of a male candidate, he has not more than one wife living and in the case of a female candidate, she has not married a person already having a wife living." 8. Thus, this court finds that there is no embargo laid down under the Rules of 1975 for offering appointment on Compassionate Ground to a member of the family. If any member of the Family is already in employment, it is to be noticed that later on Rules of 1975 were substituted by the Rajasthan Recruitment of Dependents of Government Servant (dying while in service) Rules, 1996, which subsequently provided that if any member of the family is already in employment, no other member of the family would be given employment on Compassionate Ground, therefore the contention of the petitioner is that the respondent No. 7 could not have appointed, is not made out even if the wife of deceased government servant was in employment, the respondent No.7 deceased government servant, could have been offered employment and was therefore given appointment and he therefore said to be holding the office without authority thus the writ praying for quo-warranto is held to be without any basis. The appointment of the respondent No. 7 is found to be within the framework of Rules of 1975 thus the writ petition is dismissed.