CW 592/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.592/06 Rama Kant Sharma Versus State & Ors. DATE OF ORDER : 12/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. M.R. Naredi, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner seeking compassionate appointment under Rajasthan Compassionate Appointment of Dependants of Deceased Government Service Rules, 1996 [“Rules, 1996”]. Petitioner's father late Shri Nand Kishore Sharma while working as Assistant Teacher at Government Primary School, Panchayat Samiti, Gobindgarh, died in road accident on 5th July, 2001. Immediately on his father's death, application was submitted by the petitioner who was elder son amongst four children along with their mother who were dependant upon deceased government servant - details of their family members have been furnished in Para 4 of the writ petition. Petitioner was informed from the office CW 592/06 [2] of District Education Officer [Elementary Education], Jaipur dt.27th August, 2003 that looking to his qualification as he was Secondary his candidature can be considered for appointment for the post of Gram Sevak. Petitioner submitted his consent Ann.8 dt.2nd September, 2003 with the condition that he may be considered for appointment in the pay scale of LDC. However, his request for appointment against the post of LDC was rejected on the premise that he was not holding minimum qualification of the post of LDC as evident from Ann.9 dt.12th July, 2004. However, when the matter could not be finalized for consideration of his appointment in pursuance of Rules, 1996, petitioner served legal notice and approached this court by filing instant petition. It is relevant to mention that by amendment notification dt.20th July, 2005 qualifications for the post of LDC were also substituted as Secondary from the recognized Board and the petitioner was holding the qualification of Secondary which he did from Board of Secondary Education, Rajasthan, in the year 2001 [Ann.2]. CW 592/06 [3] Only contention advanced by counsel for petitioner is that looking to his qualification whatever consent was furnished by him, atleast the respondents were under an obligation to consider his case for compassionate appointment against the available suitable post which has been arbitrarily denied to him. Respondents have filed reply to the writ petition and in Para 1 it has been averred that petitioner's consent was desired by them for his appointment on the post of Gram Sevak vide letter dt.7th August, 2005. But, prior thereto by amendment notification dt.20th July, 2005 Secondary was substituted as minimum qualification for the post of LDC. However, his case has been recommended for suitable appointment on 4th July, 2006 and immediately on it being approved, petitioner will get his appointment under the Rules. Taking note of the averment made by the respondents in Para 1 of their reply, this court vide its order dt.4/11/08 directed the respondents to inform this court as to what was the final fate of recommendations made by the authority on 4th November, 2006. CW 592/06 [4] Counsel for respondent informs this court that the meeting of the Establishment Committee, Zila Parishad, Jaipur since has not been convened - in absence thereof, the order could not have been passed with regard to appointment of the petitioner. The whole object of granting compassionate appointment is to enable the family to get over the financial crisis which it faces at the time of death of sole breadwinner and by keeping application pending even after recommended by the authority way back on 4th July, 2006 it certainly frustrates the very object with which Scheme of Rules, 1996 has been framed by the Government in exercise of proviso to Article 309 of the Constitution of India. It is not the case of the respondents that petitioner is either not eligible or entitled to seek appointment under the Scheme of Rules, 1996 and once he holds qualification for the post of LDC/Gram Sevak which are included in the Schedule appended to Rajasthan Panchayati Raj Rules, 1996 and recommended on 04/7/06 by the respondents as CW 592/06 [5] evident from Para 1 of their reply to preliminary objection, there could be hardly any justification available to deny suitable employment to the petitioner. Consequently, writ petition stands allowed. Respondents are directed to consider the candidature of petitioner against suitable vacant post looking to his qualification available under the Rules, 1996. Appropriate orders be passed within two months. No costs. [AJAY RASTOGI], J. FRBOHRA592CW06 12-12.doc