KARAN PRATAP SINGH RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with following prayers:-

(2.) It is stated that father of the petitioner, Shri Mahendra Pratap Singh Rathore, was holding the post of Assistant Administrative Officer in Animal Husbandry Department, who met with an accident on 1/7/2021. Consequent upon the said accident, father of the petitioner became permanently disabled and has been confined to bed as well as also in coma. Learned counsel submits that the Competent Medical Officers have also certified that the vegetative condition of father of the petitioner is non progressive and not likely to improve. They have also assessed the percentage of permanent disability as 85% and accordingly Unique Disability ID has also been issued by CMHO, Jaipur. Learned counsel submits that under these circumstances, where on account of permanent disability, father of the petitioner was not in a position to continue in Government Service, as per the provisions of The Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023 (for short 'the Rules of 2023'), the petitioner submitted an application for seeking compassionate appointment in place of his permanently disabled father. However, the application filed by the petitioner has been rejected by the Director, Animal Husbandry vide order dtd. 14/5/2025 solely on the ground that accident of father of the petitioner had taken place prior to enforcement of Rules of 2023, therefore, petitioner could not be considered under the Rules of 2023 for grant of compassionate appointment.

(3.) Learned counsel for the petitioner submits that the reasons assigned by the respondents in letter/order dtd. 14/5/2025 for rejecting the application for compassionate appointment submitted by the petitioner, are wholly irrational and illogical. Learned counsel submits that date of accident is entirely irrelevant and has got no co-relation with the definition of 'Permanent Total Disabled Government Servants' as contemplated under the Rules of 2023. Learned counsel submits that it is an admitted fact that on the date of enforcement of Rules of 2023, father of the petitioner was a permanently disabled person. Hence, it cannot be said that merely because the Rules of 2023 came into force on 26/4/2023 i.e. after the date of accident of father of the petitioner, the said Rules would not be applicable for the purpose of grant of compassionate appointment.