MOHD FAHIM RIZVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this writ petition being aggrieved of the communication dated 13.04.2006 (Annex.11) whereby the respondent Rajasthan State Road Transport Corporation ('RSRTC') has refused to entertain the application seeking compassionate appointment in place of his deceased father on the ground that the application was made belatedly after about 7 years and 10 months whereas such application is required to be made within 90 days from the date of demise of the employee; and that there is no provision under the Rules to keep the matter pending till the son of the deceased employee would attain majority.

(2.) The petitioner has averred in the writ petition that his father Mohammed Rafiq Chhipa remained in service of the respondent RSRTC from the year 1976 till the year 1998 when he died due to the injuries sustained in a road accident while travelling in a Roadways bus on or about 10.03.1998; that mother of the petitioner applied on 23.03.1998 (application Annexure-7) for grant of compassionate appointment in the name of her children and stated that 'till her children namely petitioner attains majority one post for compassionate appointment may be kept reserved'; that the petitioner's mother filed another affidavit on 31.05.1999 requesting to keep the right for compassionate appointment reserved for her children in her place; that the petitioner's mother was the only person supporting him and other siblings, seven in number, by undertaking minor household jobs; that the petitioner attained majority only in the year 2004 and an application was filed alongwith affidavits by the petitioner's mother and major siblings conveying no objection for appointment of the petitioner (the petitioner has stated that copy of the application was not readily available and has filed copies of affidavits dated 17.01.2006, collectively marked as Annexure 8); that the petitioner has completed Senior Secondary in the year 2004 and has also completed second year TDC in the year 2006 and is, thus, eligible to be granted compassionate appointment in place of his father.

(3.) According to the petitioner, it was to his shock and surprise that by the impugned communication dated 13.04.2006 (Annex.11) the respondents declined to grant him appointment on the ground that the application for employment on compassionate basis had been filed after 7 years 10 months and 20 days from the death of the employee and under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996, the limitation for filing of the application was 90 days; and there was no rule for keeping the case pending until the person attains majority.