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2025 DIGILAW 474 (RAJ)

Mani Ram S/o Late Shri Budha Ram v. State of Rajasthan, Through The Secretary, Sainik Kalyan Vibhag

2025-02-20

ARUN MONGA

body2025
Order : 1. Petitioner herein, inter-alia, seeks issuance of appropriate writ, order and/or direction commanding the respondents to consider his application for grant of appointment on compassionate grounds in place of his deceased father pursuant to notifications dated 07.12.2022 (Annex.4) & 26.04.2023 (Annex.5). 2. Brief facts first. On 26.09.1974, the Petitioner's father, Late Shri Budha Ram, a Sepoy, sustained serious injuries during a defense operation in Leh-Ladakh while on military duty. He was treated in a critical condition at the Military Hospital. A medical board later classified him under the Permanent low medical category CEE (P) from 23.10.1975, marking him as disabled. He was discharged by the Respondent department on 01.08.1977 due to the unavailability of sheltered appointments and the conclusion that his continued service was not in the public's interest. After 19 years, he passed away on 28.02.1992. 2.1 At the time of his death, the Petitioner was a minor and could not apply for a compassionate appointment. Upon reaching adulthood, the Petitioner began working in a private job and missed the opportunity to apply for the appointment due to lack of information. 2.2 In recognition of the sacrifice of martyrs, the Respondent department issued a Notification on 07.12.2022 amending the provisions under Rajasthan Various Service (VIII Amended) Rules, 2022 (‘Rules of 2022’) for compassionate appointments for dependents of deceased or permanently disabled military personnel. Following this, a further Notification on 26.04.2023 promulgated regulations for the recruitment of dependents of Permanent Total Disabled Government Servants on compassionate grounds under Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servant Rules, 2023 (‘Rules of 2023’). 2.3 The Petitioner applied for the compassionate appointment, as his mother, who is 74 years old, could not apply. His family members, including his mother, brother, and sister, have supported his application and have no objection if he is granted appointment on compassionate grounds. However, despite submitting the application, the Respondent department has not taken any action. The Petitioner sent several letters to the department on 17.08.2022 and 25.07.2024, but no response was received. Hence, the present petition. 3. In the aforesaid backdrop, I have heard learned counsel for the petitioner and perused the case file. 4. However, despite submitting the application, the Respondent department has not taken any action. The Petitioner sent several letters to the department on 17.08.2022 and 25.07.2024, but no response was received. Hence, the present petition. 3. In the aforesaid backdrop, I have heard learned counsel for the petitioner and perused the case file. 4. Learned counsel for the petitioner submits that the Petitioner is entitled to a compassionate appointment in place of his father, in accordance with the Notifications dated 07.12.2022 ("Rules of 2022") and 26.04.2023 ("Rules of 2023") issued by the Respondent department. However, despite him sending several letters, the Respondent department has failed to consider his application. Therefore, the competent authority of the Respondents be directed to grant appointment to the petitioner on compassionate grounds. 5. Petitioner is stated to be 41 years old and also married with two children and it is rather unfathomable that he would have been dependent on his deceased father at the time of either his marriage or subsequently when he expanded his family by not having one, but two children one after the other. It is rather common sense that only if he were in a position to feed and look- after his family that he would take such steps as a father and husband for expansion of his family. 6. Merely because the State Government has come up with a benevolent policy, the same is not applicable to those, who are otherwise not eligible either on financial grounds or even otherwise being over-aged. 7. The benevolence policy of the State is intended to provide immediate succor to the family of the sole earning member who dies in harness, so that the family can be saved from starvation, sheer penury and the unforeseen financial calamity with which it is visited. 8. The fact that the petitioner has been earning alternative livelihood all these years, shows that he does not require any financial assistance. 9. That apart, trite law it is that a compassionate appointment cannot be treated as a reservation; it is not an alternative route for appointment by way of backdoor entry at the cost of a competent candidate being denied the job in question. 10. Being so, the petition is devoid of any merit and is accordingly dismissed. 11. Pending application(s), if any, stand disposed of.