PAPPU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 2. 7. 2001 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 17. 3. 2001 (Annex. P/4) passed by the respondents by which the petitioner was refused appointment on compassionate ground on the death of his father, be quashed and set aside and the respondents be directed to give appointment to the petitioner on compassionate ground.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:- THE father of the petitioner late Shri Gyarasa Ram (hereinafter referred to as the deceased) was permanent employee of the respondent-Department. THE deceased was appointed on the post of Sweeper on 9. 8. 1974 and was made permanent on that post vide order dated 1. 7. 1978. THE services of the deceased were ordered to be terminated vide order dated 4. 1. 1994 and his earlier services were forfeited vide order dated 14. 7. 1993. THE petitioner's father (deceased) in his life time challenged both the orders dated 4. 1. 1994 and 14. 7. 1993 before this Court by way of writ petition being S. B. Civil Writ Petition No. 547/1994. When that writ petition was pending, the petitioner's father died on 3. 4. 1995. Due to the death of petitioner's father, in that writ petition, his LRs were taken on record. It is the case of the petitioner that while that writ petition was admitted on 1. 2. 1994, this Court stayed the operation of the termination order dated 4. 1. 1994 and later on, that stay order was confirmed by this Court on 15. 4. 1998. THE said writ petition being No. 547/1994 was disposed of by this Court vide order dated 8. 3. 1999 (Annex. P/1) and the following order was passed by this Court:- " THE petition is disposed of with the direction to the respondents to consider the claim of Pappu Lal petitioner for employment on compassionate ground expeditiously preferably within a period of three months from the date of production of the certified copy of this order in accordance with law. Shri Dave assures this Court that in the peculiar circumstances of this case, the issue of limitation under the current rules of termination of his father shall not come in way of the petitioner. " It may be clarified here that the above order dated 8. 3. 1999 Annex. P/1 was passed by this Court when the petitioner showed his willingness to withdraw the writ petition.

(3.) THE above definition makes the position very clear that compassionate appointment can be given to a person, who is LR of deceased Government Servant was in service on the date of his death.