L. Nageswara Rao, J. - (1.) The Rajasthan State Road Transport Corporation (for short, 'the Corporation') has filed the above Appeal aggrieved by the judgment of the Rajasthan High Court of Judicature, Jaipur Bench by which Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 (for short, 'the Regulations') has been declared as violative of Article 14 of the Constitution of India.
(2.) The Respondent's father Mohd. Shahid who was working as a Helper in the Appellant-Corporation died in a motor accident. He was travelling in a bus of the Appellant-Corporation which collided with another bus. A claim was made by the Respondent before the Motor Accident Claim Tribunal, Tonk (for short, 'the Tribunal') under Section 166 and 140 of the Motor Vehicles Act, 1988 (for short, 'the Act'). An amount of Rs.1,35,50,000/- was claimed, but the Tribunal awarded a compensation of Rs.22,95,775/-.
(3.) The Respondent made a representation to the Chief Manager of the Appellant-Corporation seeking compassionate appointment. The request for compassionate appointment was rejected on the ground that the Respondent was not entitled in light of Regulation 4(3) of the Regulations. Dissatisfied with the rejection of the request for compassionate appointment, the Respondent filed a Writ Petition in the High Court challenging the constitutionality of Regulation 4(3). The High Court allowed the Writ Petition by a judgment dated 29.08.2016 on the ground that Regulation 4(3) of the Regulations is discriminatory and violative of Article 14 of the Constitution.;