JAI PRAKASH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Shri Dharampal-father of the petitioner, a member of Indian Army lost his legs in 1971 Indo Pak War, thus, was discharged from service on medical grounds w.e.f. 14.12.1971. The Government of Rajasthan under a notification dated 19.6.2008 notified that it will provide appointments on compassionate grounds to one of the dependent of the members of Armed Forces, who belongs to Rajasthan and they had either lost their life or suffered permanent disability during the period from 1st of January, 1971 to 31st March, 1999. A procedure to provide such employment was prescribed vide circular dated 27.6.2008 and as per that, a dependent is required to submit an application in prescribed format to the District Soldier Welfare Officer of the place to which the member of Armed Force belongs or was belonging. Suffice it to mention here that the father of petitioner, though, was a resident of district Jhunjhunu but settled at Udaipur after discharge from Army and in his discharge certificate too, his permanent address is shown of Udaipur City. As such for all purposes he became bonafide resident of Udaipur. The petitioner himself was born and undergone his entire studies at Udaipur, thus, he claimed appointment as per the notification dated 10.6.2008 by submitting an application to the District Soldier Welfare Officer, Udaipur. The application was duly recommended to the Collector, Udiapur, however, the Collector in his turn made an objection that the petitioner being son of a bona fide resident of district Jhunjhunu should submit his application in district Jhunjhunu. The District Soldier Welfare Officer, Udaipur then clarified that the father of petitioner was residing at Udaipur from the last number of years, therefore, he is required to be treated as a bonafide resident of Udaipur district only. The matter was then recommended to the State Government for necessary instructions. The Deputy Secretary to the Government of Rajasthan, Department of Personnel (Group- II), Jaipur vide communication (Annex.15) conveyed that the application submitted by the petitioner is required to be placed before the Collector, Jhunjhunu as Shri Dharampal, the father of petitioner was a bonafide resident of that district. Being aggrieved by the same, this petition for writ is preferred.

(2.) It is submitted by Shri R.S. Choudhary appearing on behalf of the petitioner that Shri Dharampal after discharge from military service settled at Udaipur, where the petitioner born and acquired his education. As per learned counsel for the petitioner, the petitioner for all purposes is a bonafide resident of Udaipur district, therefore, his case is required to be considered by the Collector, Udaipur only. These facts stated have not been disputed by the respondents.

(3.) In view of the factual background mentioned above, the undisputed facts emerging out are that the father of the petitioner settled at Udaipur after discharge from Army and is residing there from the last number of years. The petitioner was born at Udaipur and also acquired education there, as such, for all purposes he is a bonafide resident of Udaipur. The respondents, therefore, wrongly instructed him to submit his application in pursuant to the notification dated 10.6.2008 read with circular dated 27.6.2008 to the District Soldier Welfare Officer, Jhunjhunu and the Collector, Jhunjhunu. The case of the petitioner as per the notification and circular referred above is required to be considered for appointment on compassionate grounds in district Udaipur only.