- (1.) HEARD on question of admission.
(2.) THE petitioner has questioned the vires of Rule 5 of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (for short 'the Rules of 1996') which provides that in case one of the family members of the deceased is in service, compassionate appointment cannot be offered to any other family member. It is not in dispute that in the instant case, both the parents i.e. father and mother were in government service. The mother of the petitioner died. The father of the petitioner is still alive and is in government employment. Though the father has performed remarriage, the son claimed appointment on compassionate ground owing to death of his mother but the same was refused on the ground that his father is already in service. Consequently, the vires of Rule 5 of the Rules of 1996 has been questioned by the petitioner in the writ application. We have heard learned counsel Mr.RS Saluja appearing on behalf of the petitioner at length. Rule 5 of the Rules of 1996 is quoted below :- "5. Appointment subject to certain conditions :- (1) When a Government servant dies 2 while in service one of his/her dependents may be considered for appointment in Government service subject to the condition that employment under these rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the Central/ any State Government or Statutory Board, Organisation/ Corporation owned or controlled wholly or partially by the Central/any State Government at the time of death of the Government servant. Provided that this condition shall not apply where the widow seeks employment for herself. (2) Appointment under these rules shall be given on the condition that the person appointed on compassionate ground shall maintain properly the other family members who were dependent on the deceased Government servant and on furnishing an undertaking in writing that he/she shall maintain properly the other family members who were dependent on the deceased Government servant. If subsequently, at any time, it is proved that such dependent family members are being neglected or are not being not being maintained properly by him, the appointment may be terminated by the Appointing Authority after providing an opportunity to the compassionate appointee by way of issue of show-cause notice asking him to explain why his services should not be terminated." Rule 5 cannot be said to be ultra vires in any manner. Appointment on compassionate ground is an exception to General Rule of appointment by way of open competition. The provision contained in Rule 5 that in case one of the family members is in service, compassionate appointment cannot be offered, is wholesome provision as the very purpose of giving compassionate appointment is to immediately redeem the family of deceased who died in penury. No such condition is available in this case. The father of the petitioner is alive and is in government service. Rule 5 cannot be said to be suffering from any arbitrariness. It is also settled proposition of law that it is not for the Court to reframe the policy or rule as compassionate appointment itself has to go by the policy or rules framed by the employer in this regard. This Court cannot expand the provision of rule nor can term it as arbitrary one, since compassionate appointment by its very nature is an exception to General Rule. This has to go by policy or Rules. In any view of the matter, Rule 5 cannot be said to be arbitrary or illegal or ultra vires. It is in consonance with the objectives of appointment on compassionate grounds. The vires of Rule 5 of the Rules of 1996 has been considered by the Division Bench of this Court in Jaya Bhaduri vs. State of Rajasthan [(2001) 3 RLW (Raj.) 1594] and was held to be intra vires. We find no ground to interfere in the writ application.
(3.) CONSEQUENTLY, the writ application is hereby dismissed.;