MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner has sought the relief of directions against the respondents to consider his candidature for appointment on the post of Sweeper with the Municipal Board, Barmer on two fold grounds : one, that he is entitled to be considered for compassionate appointment for his father having died on 16.10.1996 while holding the post of Sweeper with the respondent No. 3; and second, that he was denied appointment in the selections made on 17.05.2004 in contravention of the guidelines issued by the State Government on 13.01.2003 and 12.09.2003. In the second limb of grounds, according to the petitioner, he was entitled for preference in selections because (a) his application for compassionate appointment was pending; (b) he is possessed of experience of service on the post of Sweeper; and (c) he is a member of Valmiki Samaj.

(2.) Briefly put, the petitioner has averred in the writ petition that his father died on 16.10.1996 while holding the post of Sweeper; that immediately after the demise of his father he moved an application for compassionate appointment and his mother also extended no objection in writing on 30.10.1996; (Annex2); and that the respondent No. 3 Executive Officer of the Municipality addressed a communication (Annex-3) to the respondent No. 2, the Director, Local Self Department seeking permission for petitioner s appointment as per the Rajasthan Recruitment of Dependants of Government Servants Dying While in Service Rules 1975 ( the Rules of 1975 ). The petitioner has alleged that he made several representations to the respondents for providing him compassionate appointment in place of his deceased father for his having requisite qualification but failed to evoke any response. The petitioner has furher alleged that the respondent kept sitting tight over the matter but as and when personally approached, assured that upon occurrence of vacancy, his case would be considered. The petitioner has raised the grievance that on one hand he was denied compassionate appointment and on the other hand one Shri Mahendra Kumar and another Smt. Savita Devi were extended such appointments under the order dated 27.07.1998 (Annex. 5). The petitioner has also made an averment that he was appointed as sweeper on daily wages (contract) basis and rendered his services from 01.02.1997 to 31.10.1997 but thereafter his services were terminated.

(3.) The petitioner has referred to the guidelines issued by the respondents on 13.01.2003 (Annex. 6) for filling up the vacancies of Safai Karamcharies and another order issued by the State Government on 12.09.2003 (Annex. 7) for preference in such appointments to the persons belonging to Valmiki Samaj. The petitioner has averred that the respondent issued an advertisement in the local newspaper calling the applications for the post of Sweepers; that he too applied in pursuance of the advertisement within time and his application was accepted under Receipt No. 306 (Annex. 9); that he appeared for interview before the respondents and after interview, the respondents issued the list of selected candidates on 17.05.2004 (Annex. 10) wherein the name of respondent No. 4 has been shown at Sl.No.30 and that of respondent No. 5 at Sl. No. 45; and that though the petitioner is falling in the criteria laid down by the respondents in their guidelines dated 13.01.2003 and 12.09.2003 but the respondents have not considered his candidature in an illegal manner. The petitioner has also raised the grievance that he applied for the record of services rendered by him on daily wages for about 240 days under his application dated 31.05.2004 (Annex. 11) but the respondents orally refused the same. The petitioner has made a written representation on 21.07.2004 (Annex. 12) requesting the respondent for providing him compassionate appointment and has filed this writ petition stating to be aggrieved of the illegal and arbitrary action of the respondents for having not provided him compassionate appointment.