GOPAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Special Appeal has been preferred by the appellants (respondents in the writ petition) laying a challenge to the order dtd. 3/7/2014 passed by learned Single Judge of this Hon'ble Court in S.B. Civil Writ Petition No.4539/2014 (Mukesh Kumar Berwa vs Ajmer Vidhyut Vitaran Nigam Ltd. & Ors.), whereby the writ petition was disposed of, while giving liberty to the respondent (writ petitioner) to file representation, and directing the appellants to consider his case for compassionate appointment, within one month from the date of receipt of such representation, in terms of the orders, as referred in the impugned order.

(2.) The factual background, as presented by the learned Counsel for the appellants, is that the respondent was the son of the Late Shri Uma Shankar Berwa, who passed away on 17/2/2011, while serving as Helper Grade II with the appellants, at Shahpura. The respondent submitted an application before the Secretary, AVVN Ltd., praying for according compassionate appointment in the Department, in accordance with Rajasthan Compassionate Appointments of Dependents of Deceased Government Servant Rules, 1996 (in short, 'Rules of 1996'). However, the appellants had considered and rejected the respondent's application for compassionate appointment on 13/5/2014, citing the reason that the respondent had more than two children after the cut-off date of 1/6/2002, thus, violative of the eligibility criteria as prescribed, for the purpose in question, in the notification No.7(1)DOP/A-II/95/Pt.-II dtd. 24/2/2011 issued by the Government of Rajasthan, which had been duly adopted by the appellant-department vide Order no.AVVNL/CAO(R&C)/AAO (Rule)/F-25/OO/D-2432 dtd. 5/9/2011.

(3.) Learned counsel for the appellants (respondents in the writ petition) submitted that the impugned order was passed ex parte, against the appellants, without even affording the appellants an opportunity to show cause as to why the writ petition is not maintainable.