MEERA KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of filing present writ petition has challenged the validity of communications dtd. 17/9/2019 and 18/9/2019, whereby respondents have denied compassionate appointment to the petitioner on the ground that provisions of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'Rules of 1996') are not applicable to the employees, whose services are governed by the Staff of Self Supporting (Funded) Court of Wards Temples under the Control and Superintendence of Devasthan Department Rules, 1959 (hereinafter referred to as 'Rules of 1959').

(2.) Learned counsel for the petitioner submitted that the husband of the petitioner was working on the post of Nidhi Class-IV employee in the respondent department w.e.f. 2/12/2004. Unfortunately, husband of the petitioner while in service passed away on 12/3/2019. The petitioner thereafter, submitted an application dtd. 3/4/2019 seeking compassionate appointment in the respondent-department, as per the provisions of Rules of 1996. The petitioner had been informed through the impugned communications dtd. 17/9/2019 and 18/9/2019 that the services of the deceased employee were governed by Rules of 1959. It was further submitted that the deceased employee was working in connection with the affairs of the Devasthan Department, therefore, denial of compassionate appointment on the count that the Rules of 1996 are not applicable to the employees governed by the Rules of 1959 is not tenable in the eyes of law.

(3.) Per contra, learned counsel for the respondents submitted that the deceased employee was not working in the respondentdepartment in connection with the affairs of the State of Rajasthan. The services of the deceased employee were governed by the Rules of 1959, which are applicable to the staff of all the self supporting (Funded) and Court of Wards Temples and other Religious and Charitable Institutions, under the control and superintendence of the Devasthan Department. The supporting staff employed under the Rules of 1959 work on contractual basis and there is no element of permanency in the positions held by them in the temples and other religious and charitable institutions.