OM PATI Vs. STATE AND ORS.

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner for seeking direction to the respondents to provide appointment on compassionate ground. The learned counsel for the petitioner submits that the petitioner's husband died while working on the post of teacher on 20.10.1997. An application was moved by the petitioner to provide appointment on compassionate ground but respondents denied appointment on the ground that the petitioner is not possessing requisite qualification for the post of Class IV employee so also on the ground that no vacancy of class IV was in existence.

(2.) THE learned counsel for the petitioner submits that denial of appointment to the petitioner on the ground of not possessing requisite qualification to be appointed on the post of Class IV is illegal because as per Sub -rule (2) of Rule 277 of the Rajasthan Panchayati Raj Rules, 1996, there is specific provision that although the appointment is to be made as per the qualification but the rules made by the Government and amended from time to time in this behalf shall be applicable to provide appointment on compassionate ground.

(3.) THE learned counsel for the petitioner submits that the rules known as Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 (for short "the Rules of 1996") were promulgated by the State Government in which a provision was incorporated to grant relaxation in educational qualification for appointment in Rule 7(2) of the Rules of 1996 whereby it was provided that While being considered for appointment to Class -IV Service, the requirement of educational qualification for the post shall be dispensed with. Meaning thereby, a relaxation in educational qualification was granted for appointment in Class IV Service, therefore, the denial of appointment to the petitioner was totally illegal and arbitrary. Learned counsel for the petitioner argued that on the aforesaid ground the petitioner is very much entitled for appointment on compassionate ground as her husband was died while working on the post of Teacher.