Mohammad Rafiq, J. - (1.) This writ petition has been filed by the petitioner Mahendra Kumar Kuldeep challenging the communication dated 24.04.2012 issued by the respondents and seeking a direction to the respondents to grant him appointment on the post of Assistant Traffic Inspector on compassionate ground.
(2.) Father of the petitioner namely Shri Kana Ram Raiger while working as Welder Grade-I in Central Workshop, Jaipur died in harness on 22.11.2010 leaving behind widow namely Mangli Devi, four sons and three daughters. The petitioner is eldest son of the deceased employee. The respondent-Corporation vide order dated 25.06.2010 promulgated Appointment on Compassionate Ground to the Dependents of Deceased Employee of the R.S.R.T.C. Regulations, 2010(hereinafter referred to as the Regulations of 2010) and the same were made effective with immediate effect. As per Regulation 5 of the Regulations of 2010, six posts were identified for being offered for appointment on compassionate ground namely Assistant Traffic Inspector; Sanganak; Deputy Store Inspector; Driver; Conductor; Artisan Grade III. As per Regulation 6 of the Regulations of 2010, a candidate must possess eligibility for appointment on such posts at the time of submitting application. These six posts were also included in the office memorandum, 2005 which was the basis for grant of compassionate appointment prior to promulgation of Regulations of 2010. The Office Memorandum was superseded by another order dated 16.06.2008 passed on the basis of Decision No. 19/2008 of the Board of Corporation whereby total seven posts were identified for compassionate appointment. Apart from above referred six posts, post of Junior Engineer, Grade B was also included.
(3.) The petitioner, apart from possessing qualification of B.A., holds double degree of post graduation, i.e. M.A., LL.B. and Certificate of Bachelor of Journalism (Mass Communication). He submitted an application for appointment on the post of Assistant Traffic Inspector on 13.12.2011. The qualification for appointment on the post of Assistant Traffic Inspector as laid down by the Board of Corporation vide decision No. 52/2011, approved on 08.07.2011 and notified vide order dated 29.08.2011, is degree of graduation from recognised university. It is argued by the petitioner that at the time when he submitted application for compassionate appointment, the eligibility qualification for the post of Assistant Traffic Inspector was degree of graduation and the petitioner was qualified for appointment on such post. However, the respondents with a view to defeating his claim have subsequently issued an order on 30.01.2012 whereby the post of Assistant Traffic Inspector, Sanganak and Deputy Store Inspector were deleted from Regulation No. 5 of the Regulations of 2010. This order can at the best be considered as prospective in nature and cannot be applied retrospectively. Post of Assistant Traffic Inspector was included in Regulation No. 5 of the Regulations of 2010 when father of the petitioner died on 22.11.2010. The application seeking compassionate appointment was filed by the petitioner on 13.12.2011 on which date also the said post was included in the Regulation No. 5 of the Regulations of 2010. The case of the petitioner has to be therefore considered as per the rules applicable at that time.;