VERENDER SINGH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by petitioner Verender Singh Meena challenging validity of Rule 6(1), 6(2) and 10(6) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short "the Rules").

(2.) The facts relevant to the present case are that; father of the petitioner, Shri Banshi Lal Meena was working in the office of Dy. Conservator of Forest, Jahajpur, Bhilwara on the post of Forester in the Pay Band of Rs.9300-34800 (Grade Pay 3600). At that time, his basic salary was Rs.16,280/-. Shri Banshi Lal Meena, all of sudden, died in harness on 01.11.2014 at Deoli. He was sole bread earner of the family. The entire family was dependent upon him. The petitioner, Verender Singh Meena qualified Senior Secondary Examination in the year 2002. After the death of his father, the petitioner applied for compassionate appointment to the post of Forester in accordance with the Rules where the minimum academic qualification for direct recruitment on the above post is senior secondary. Posts of Foresters were lying vacant with the department but the petitioner was denied the appointment under the powers so vested upon the appointing authority under the Rules. Although, the petitioner was given appointment on the post of Forest Guard carrying the Pay Scale No.4, but he was having qualification for appointment on the post of Forester carrying the Pay Scale No.9.

(3.) Learned counsel for the petitioner submits that the action of the respondents is totally illegal, arbitrary, capricious and contrary to the scheme of the Rules. He submits that there is no criteria laid down in the rules 6(1) as to on which post the appointment is to be given to the dependent of the deceased Government employee. He submits that the post of Forester is also a post of direct recruitment and promotion both and is governed by the Rajasthan Subordinate Service Rules, 1963. He submits that as per Schedule appended with the Rules of 1963, the qualification for the post of Forester is Higher Secondary Examination or its equivalent examination and the petitioner is having the qualification for the post. Moreover, the petitioner is a graduate.