CWP 7988/02 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7988/2002 Aziz Khan & Samara Versus State & (3) Ors Date of Order ::: 18/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Manoj Pareek, for petitioners Mr. Vijay Dutt, Dy.Govt.Advocate for respondents Instant petition has been filed jointly by petitioners. While holding posts in Work- charged Cadre, their semi-permanent & permanent status by one stroke vide order dt.30/08/2001 (Ex.5) were withdrawn and recovery was also ordered on 11/09/2002 without affording an opportunity of hearing to them vide Ann.6. Both the petitioners were appointed initially as Beldars under Rajasthan Recruitment of Government Servants dying while in service Rules, 1975 respectively on 01/11/88 & 03/01/89 and on completion of two years' satisfactory service, were granted benefit of status of semi- permanent employee w.e.f. 01/11/90 and 03/01/91 and on completion of ten years' service under Work-charged Service Rules, 1964, were made permanent w.e.f. 01/11/98 and 17/05/99 vide orders dt.21/05/99 and 05/08/99 respectively. However, vide order dt.11/09/02 (Ann.6) after giving reference to the Rajasthan (Regulation of CWP 7988/02 //2// Appointments to Public services & Rationalisation of Staff), Act, 1999, the orders granting status of semi-permanent & permanent were withdrawn/ cancelled besides selection scales granted to them on completion of their nine years' service – in pursuance whereof, recovery was also ordered vide Ann.6. Counsel petitioners submits that both the petitioners were offered employment under Rules, 1975 on compassionate grounds, which was their regular employment; as such very premise on which respondents have invoked provisions of the Act, 1999 for cancelling orders of their semi- permanent & permanent status under Work-charge Rules, 1964 and so also selection scale, is wholly arbitrary & violative of principles of natural justice as no opportunity of hearing was ever afforded to either of them; in such circumstances, action of respondents per se is not legally sustainable and deserves to be quashed. Respondents have filed reply making reference of provisions of the Act, 1999, which has been made basis for withdrawal of semi- permanent & permanent status of petitioners which was assigned under Scheme of Rules, 1964. This Court has considered contentions of CWP 7988/02 //3// the parties and with their assistance examined material on record. Both the petitioners were appointed on compassionate grounds under Rules, 1975. It has been settled by this Court that appointment offered under Rules, 1975 on compassionate grounds are regular appointment and they are not supposed to undergo regular process of recruitment provided in Service Rules. Compassionate employment Rules either of 1975 or of 1995 which came into force later on, are special mode of recruitment confining to compassionate appointments to persons dependent upon Government servant died while in service who had at one point of time served the Government. Very basis or premise on which respondents have proceeded to invoke provisions of the Act, 1999, was not applicable in the facts of instant case; as such withdrawal or cancellation of semi- permanent & permanent status besides selection scale granted to petitioners, vide orders impugned (Ann.5 & 6) are not legally sustainable and that apart, since no opportunity of hearing was afforded to them, which has certainly affected their civil rights, action of respondent impugned is violative of principles of natural justice also. Consequently, writ petition is hereby CWP 7988/02 //4// allowed alongwith stay petition. Orders dt. 30/08/01 & 11/09/2002 (Ann.5 & 6) are hereby quashed and set aside. And petitioners are entitled for consequential benefits flowing therefrom. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/7988CWP02.doc