VARUN SHARMA Vs. JAIPUR VIDHYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) This writ petition has been filed by Varun Sharma challenging communication dated 23.04.2019 by which respondent- Jaipur Vidyut Vitran Nigam Limited (for short 'JVVNL') has rejected his application for compassionate appointment as also constitutional validity of Regulation 5(1) of the JVVNL Compassionate Appointment of Dependents of Deceased Nigam Servants Regulations, 2016 (for short 'the Regulations of 2016').

(2.) Learned counsel for the petitioner submitted that father of the petitioner Shri Ram Kishore Sharma was appointed as Helper with the respondents on 16.08.1971. He expired while on duty on 02.12.2005. At the time of his death, mother of the petitioner was in government service as teacher. Arun Sharma, elder brother of the petitioner filed an application seeking appointment on compassionate ground but the same was rejected by the respondents on the ground that widow of the deceased-employee was already in government service, therefore, appointment on compassionate ground cannot be given. Learned counsel submitted that now the widow of the deceased has retired from service on 31.10.2018. At present there is no one to look after the family of the deceased. The petitioner after retirement of his mother submitted an application to the respondents seeking appointment on compassionate ground with the prayer that he should be appointed on the post of LDC by giving relaxation in time on 01.04.2016. The petitioner passed B.Com in the year 2014 and M.Com in the year 2016 from University of Rajasthan. When the respondents did not take any action on the application of the petitioner, he served them with a notice for demand of justice on 09.04.2019 but to no avail. It is thereafter that the respondents vide communication dated 23.04.2019 rejected the application of the petitioner. Learned counsel for the petitioner submitted that the respondents have mechanically rejected application of the petitioner. Regulation 5(1) of the Regulations of 2016 provides that when a Nigam servant dies while in service one of his/her dependent may be considered for appointment in Nigam Service subject to the condition that the employment under these regulations shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughter, adopted son/unmarried daughter of the deceased Nigam's servant is already employed on regular basis under the Central/ any State Government, Nigam or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Nigam's servant or at the time of the appointment of the dependent. This rule is ultra vires of the Constitution of India as it is violative of Articles 14 and 16 of the Constitution of India.

(3.) Having heard learned counsel for the petitioner and perused the material on record, we find that in the order of rejection of application of the petitioner, the respondents have conveyed to the petitioner that application filed by his elder brother was already rejected vide order dated 01.01.2006 on the premise that his mother was in government service and Regulation 5(1) of the Regulations of 2016 clearly provides that when a Nigam servant dies while in service one of his/her dependent may be considered for appointment in Nigam Service subject to the condition that the employment under these regulations shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughter, adopted son/unmarried daughter of the deceased Nigam's servant is already employed on regular basis under the Central/ any State Government, Nigam or Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Nigam's servant or at the time of the appointment of the dependent.