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2020 DIGILAW 411 (RAJ)

Sanjeev Prakash Chaturvedi S/o Late Prahlad Kumar Chaturvedi v. State Of Rajasthan

2020-02-24

NARENDRA SINGH DHADDHA, SABINA

body2020
ORDER : 1. Petitioner has filed the petition under Article 226 of the Constitution of India challenging the order dated 07.10.2016, whereby application moved by the petitioner for appointment on compassionate basis was declined. 2. We have heard learned counsel for the petitioner and have gone through the record available on the file carefully. 3. Rule 5 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 is reproduced reads as under:- “[Appointment subject to certain conditions-[(1) When a Government Servant dies while in service one of his/her dependents may be considered for appointment in Government Service subject to the condition that employment under these rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government Servant is already employed on regular basis under the Central/any State Government or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government Servant. Provided that this condition shall not apply where the widow seeks employment for herself.] [(2) Appointment under these rules shall be given on the condition that the person appointed on compassionate ground shall maintain properly the other family members who were dependent on the deceased Government Servant and on furnishing an undertaking in writing that he/she shall maintain properly the other family members who were dependent on the deceased Government servant. If subsequently, at any time, it is proved that such dependent family members are being neglected or are not being maintained properly by him, the appointment may be terminated by the Appointing Authority after providing an opportunity to the compassionate appointee by way of issue of show-cause notice asking him to explain why his services should not be terminated.]” 4. Thus, as per the above rule, in case, one of the sons or unmarried daughters or adopted son/adopted unmarried daughter is already employed on regular basis under the Central or State Government or Statutory Board or Corporation owned by Central/State Government, then, the said applicant would not be entitled for appointment of compassionate basis. 5. Father of the petitioner was working as Ayurveda Chikitsak(Medical Officer) and died while in service on 20.05.2016. Petitioner had applied for appointment on compassionate basis. 5. Father of the petitioner was working as Ayurveda Chikitsak(Medical Officer) and died while in service on 20.05.2016. Petitioner had applied for appointment on compassionate basis. However, elder brother of the petitioner is already working as Pharmacist(Homoeopathy) with Employees Insurance Corporation Hospital(ESIC) since 06.10.2010 that is controlled by Central Government. Respondents rightly came to the conclusion that petitioner was not entitled for appointment on compassionate-basis. So far as the argument raised by learned counsel for the petitioner to the effect that unmarried son and unmarried daughter cannot be treated differentially, under the Rule is concerned, the same is without any force because the purpose of the rule is that, whenever, a Government Servant dies while in service, appointment should be given on compassionate basis to one of his family members so that the family does not suffer on account of financial crunch. Unmarried son and unmarried daughter cannot be treated at par for the purposes of the Rule because the daughter when she get married, she starts residing in her matrimonial home and therefore she may not be able to give financial help to her paternal family. However, if the daughter is unmarried, she would be staying in her paternal home and would be in a position to financially help her paternal family. So far as married and unmarried son is concerned, they are to be treated at par because whether the son is married or unmarried, he is expected to financially help his family members. 6. Hence, the impugned order does not call for interference. Dismissed.