JYOTI PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 29. 3. 2001 against the respondents with the prayer that by an appropriate writ, order of direction, the respondents be directed to prove appointment to the petitioner on compassionate ground under the provisions of the Rajasthan Compassionate Appointment on Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as "the Rules of 1996"), on the death of his mother, that took place on 20. 12. 1998.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:- THE petitioner's father late Shri Asu Lal was employed in the respondent-Department and he died on 20. 2. 1988. THE petitioner's mother Mohan Kaur was also working on the post of Class IV in the respondent-Department and she died on 20. 12. 1998 while in service. THE case of the petitioner is that after death of his mother, he moved an application before the respondents for providing him appointment on compassionate ground, but that application was not decided by the respondents and therefore, he served a notice for demand of justice, a copy of which is marked as Annex. 1. THE further case of the petitioner is that thereafter, the District Education officer (Secondary), Jodhpur (respondent No. 3) sent a letter to the Joint Director (Admn.), Directorate (Secondary) Education, Bikaner (respondent No. 2) and that letter is dated 6. 6. 2000, which is marked as annex. 2. THE further case of the petitioner is that the information was gathered by the respondents that there was a criminal case for the offence under Sections 323, 341 IPC pending against the petitioner in the Court of Judicial Magistrate, Jodhpur and the respondent No. 3 District Education Officer, Jodhpur submitted the information through letter/communication Annex. 2 dated 6. 6. 2000 to the Joint Director (Admn.), Directorate (Secondary) Education, Bikaner (respondent No. 2) to the effect that the case against the petitioner was of trivial nature and would not directly affect him. Hence, pendency of criminal case for the offence under sections 323, 341 IPC would not be sufficient for denying appointment to the petitioner on compassionate ground, as the pendency of criminal case for the offence under sections 323, 341 IPC itself does not involve moral turpitude in any manner and it also does not involve misconduct. Hence, this writ petition with the prayer as stated above.

(3.) IN the present case, the death of the petitioner's mother took place on 20. 12. 1998.