RAM CHANDRA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THE object underlying a provision for grant of compassionate employment is to enable the family of deceased employee to tide over the sudden crisis resulting due to death of the bread-earner which has left the family in penury and without any means of livelihood. Out of pure humanitarian consideration and having regard to the fact that unless some source of livelihood is provi- ded, the family would not be able to make both ends meet, a provision is made for giving gainful employment to one of the dependents of the deceased who may be eligible for such appointment. Such a provision makes a departure from the general provisions of making appointment by following prescribed procedure.

(2.) THIS writ petition relates to appointment on compassionate grounds of the dependent of a Beldar Bhagwan Sahai, who died in harness. The grievance of the petitioner, who is the dependent of late Bhagwan Sahai is that though he was appointed on compassionate ground, but was not given permanent status like his late father. His appointment on the post of Beldar on daily wages basis was made by the respondents defeating the object of the Rajasthan Recruitment of Dependents of Government Servants Dying while in service Rules, 1975 (for short the `Rules of 1975). The petitioner has sought direction that he be given regular appointment as electrical helper on compassionate ground.

(3.) RULES of 1975 have statutory force. Appointment of dependent of a deceased government servant on compassionate grounds under RULES 1975 is a regu- lar appointment for all purposes and the said appointment cannot be treated as temporary or casual. A person appointed under RULES 1975 cannot be left at the mercy of the employer, in the capacity of temporary or casual employee. The only care which has to be taken is that such appointment should not unduly interfere with the right of other persons who are eligible for appointment to seek employ- ment against the post which would have been available to them, but for the provision enabling appointment being made on compassionate grounds of the dependent of a deceased employee.