SANJAY KUMAR RAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who is grandson of late Shri Sadhu Ram is seeking mandamus and direction to the respondents for providing him employment/ appointment on compassionate ground under the Rajasthan Recruitment of Dependents of Government Servants Dying while in service Rules, 1975 (hereinafter to be referred to as the Rules ). It is stated that late Shri Sadhu Ram was employed in Education Department as Teacher Gr. III and while he was in service, he died on December 30, 1984. It appears that he left Shri Bhagwan Sahai (son) and his wife Smt. Hazari Devi behind him. According to the petitioner, he moved an application on March 16, 1994 for getting appointment under the Rules of 1975. His claim was rejected on the ground that he was not entitled to get appointment under the Rules.

(2.) IT is contended by the learned counsel that the claim of the petitioner has been wrongly denied as the benefit under the Rules could be extended to any other close relative of the deceased to be named by the widow.

(3.) THE scheme of the rules of 1975 has the purpose of providing appointment on compassionate ground to mitigate the hardship due to the death of the bread earner in the family. It cannot be disputed that the appointment on compassionate ground is an exception to the equality clause under Article 14, otherwise, any such appointment merely on the ground of being a dependent of an ex-employee of the State, shall be violative of Articles 14 and 16 of the Constitution. The question of appointment of one of the dependants of an employee of the State, dying while in service has assumed importance and cases have come before this Court where the benefit has been obtained by misusing the provisions of the Rules. Hence, it has become necessary that there should be a proper check and balance in providing such employment/ appointments.