BABU LAL SAINI Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2001-2-162
HIGH COURT OF RAJASTHAN
Decided on February 16,2001

Babu Lal Saini Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

Ashok Parihar, J. - (1.) This is one of the glaring cases of sheer insensitiveness and pathetic casual approach of the concerning authorities, that also of the Education Department. Father of the petitioner, Nathu Ram Saini, died on 15.3.1999, while in service, working on the post of Teacher Gr. III at Government Primary School, Ganeshpura, Nawalgarh (Jhunjhunu). Petitioner submitted his application for compassionate appointment in the prescribed form along with the documents in regard to his qualifications. The application was duly forwarded by the Senior Dy. District Education Officer to the District Education Officer (Elementary), Jhunjhunu on 26.4 1999. A certificate was also issued in the name of the father of the petitioner late Nathu Ram Saini by the DEO (Elementary), Jhunjhunu on 20.5.1999 that at the time of death of Shri Nathu Ram Saini, no enquiry either under rule 16 or 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 was either contemplated or even pending.
(2.) On enquiry been made by the petitioner, the concerning authorities informed the petitioner that he cannot be given appointment on compassionate ground only on the ground that in the marksheet of his Secondary School examination of the year 1981, the name of father of the petitioner has been mentioned as Nathmal Saini, whereas. in the Graduation Certificate the name of the father of the petitioner has been mentioned as Nathu Ram Saini. Since there are two different names of father of the petitioner in two different certificates, in absence of any verification in regard to correct name of father of the petitioner he is not entitled for appointment on compassionate grounds.
(3.) The petitioner further submitted an application, before the concerning authorities, that due to initial mistake made in the Transfer Certificate, issued in the year 1978, name of the father of the petitioner has wrongly been mentioned as Nathmal Saini, however, subsequently, on an application been submitted by the petitioner, after verifying the record, a correct duplicate copy of Transfer Certificate has been issued by the school concerned, in which name of father of the petitioner has correctly been shown as Nathu Ram Saini. The petitioner also filed his own affidavit, duly attested, stating therein that name of father of the petitioner is Nathu Ram Saini only and he is the son of the deceased employee. Since no heed was paid by the authorities, the present writ petition has been filed with the prayer for getting appointment on the post of Teacher Gr. III on compassionate ground.;


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