RAHUL BIRAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts in a nutshell are that the father of the petitioner, Shri Hastimal while working on the post of 'Constable' in the respondent-department, passed away on 16/8/2021. The petitioner applied for appointment on compassionate ground through an application dtd. 15/9/2021. The application was forwarded by Superintendent of Police, Pali to Inspector General of Police, Jodhpur Range, Jodhpur vide communication dtd. 22/11/2021. The application was further forwarded by Inspector General of Police, Jodhpur Range, Jodhpur to Director General of Police, Jaipur. The Director General of Police, Jaipur issued an order dtd. 25/2/2022 whereby, petitioner was allotted District Chittorgarh for compassionate appointment on the post of LDC.

(2.) The Superintendent of Police, Chittorgarh directed the petitioner vide communication dtd. 21/3/2022 to appear before him with original documents of educational qualifications and character certificate along with other requisite documents. The communication dtd. 21/3/2022 was forwarded to Police Station Officer, Bali District Pali for submitting character verification report and inquiry report in relation to Rule 5 of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. The Director General of Police, Jaipur vide order dtd. 6/6/2022 cancelled the offer of appointment dtd. 25/2/2022, on the ground that elder son of Late Shri Hastimal, Shri Suraj is already working as Safai Karamchari with Municipal Board, Bali, District Pali and therefore, in view of provisions contained in Rule 5 of Rules of 1996, the petitioner is not eligible to be appointed on compassionate ground.

(3.) The present writ petition has been filed challenging the vires of Rule 5 of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 praying for following reliefs:-