- (1.) The intra-court appeal is directed against the judgment and order dated 1.2.2013 passed by the learned single Judge directing the Rajasthan State Road Transport Corporation and others (appellant Corporation, for short), to consider the claim of the writ petitioner's son for appointment on companionate grounds. The essential facts for appreciation of the controversy raised are that the writ petitioner, whose husband late Mahaveer Singh, was an employee of the appellant Corporation and the appellant Corporation vide order dated 7.01.2009 declined the claim of writ petitioner's son for appointment on compassionate grounds under the "Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996" (hereinafter, 'Rules of 1996'), as not sustainable under the Scheme of the Rules of 1996. Claim for compassionate appointment could be sustained only where the "Deceased Government Servant" was appointed either on regular or urgent temporary or ad hoc basis. However, it is an admitted position that husband of the writ petitioner was selected and given appointment by the appellant Corporation on 26.06.2002, in response to an advertisement published in daily newspaper "Dainik Bhaskar", wherein the applications were invited from the eligible candidates for preparation of panel for appointment to the post of 'Driver' in the appellant Corporation as per the terms and conditions mentioned in the advertisement. The writ petitioner's husband Late Shri Mahaveer Singh, was accorded appointment, however, term 'contract' in the offer of appointment was inserted and the appointment was offered for two months on fixed pay of Rs. 2,100/- per month and his services were extended from time to time and ultimately vide order dated 12-01-2005, regular pay scale of Rs. 3050-80-4590 was accorded to him. The writ petitioner's husband, while on duty as 'Driver' on the bus of the appellant Corporation, suffered a fatal accident on 10.04.2006.
(2.) It was in the backdrop of the facts aforesaid, the writ petitioner prayed for consideration of appointment of her son on compassionate grounds in view of the circular issued by the appellant Corporation on 14.06.2006.
(3.) The appellant Corporation in response to the writ petition preferred by the writ petitioner, submitted counter-affidavit denying the claim of the writ petitioner for the reason that the writ petitioner's husband (Late Mahaveer Singh), was engaged on 'contract basis' though admitted the fact of his appointment for the period from the date of his initial appointment w.e.f. 26.06.2002 till he met the fatal accident on 10.04.2006.;