Mr. N.L. Tibrewal, J. - (1.) The petitioner is seeking an appropriate writ, order or direction in the nature thereof under Article 226 of the Constitution to direct to the respondents to provide her appointment on suitable post i.e. L.D.C. or U.D.C. or Junior Accountant on compassionate grounds. The petitioner's husband, late Shri R.C. Mathur was an employee of Rajasthan State Road Transport Corporation (for short the Corporation) and died on May 19, 1996 while in service. At the time of his death, he was 4-,irking as Manager (Operation) Deceased R.G. Mathur left behind him his widow i.e. the petitioner and one minor son of 10 years who were fully dependent on him. After his death, petitioner submitted an application to provide her suitable employment/appointment on compassionate grounds. Thereupon, she received a communication dated, October 11, 1996 from the Executive Manager (Personnel) intimating her about sending her name to the Chief Manager, Sanganer Depot, to provide her appointment as Bus Conductor. Thereafter, she received appointment letter dated, 26.3.97 (Annex. 3), whereby she was given appointment as Bus Conductor in pay scale Rs.950-20-1150-25- 1400-30-1640-40-1680/- subject to certain conditions laid down in the said letter. One condition is that she will obtain licence of a Bus Conductor within two months if she was not having the same. The duties of a Bus Conductor being highly onerous and unsuitable for a female, the petitioner made a representation to the Chairman, of the Corporation on 13.6.97 drawing his attention towards the difficulties of a female in performing onerous duties of a Bus ,Conductor and a request was made to provide her appointment at least as Lower Division Clerk. When nothing was heard even after the above representation, she lave a notice for demand of justice through her counsel, Shri V.P. Mathur by registered post on 2.7.97, in which a similar request was made to provide her appointment at least in the post of LDC. In the notice, attention was also drawn that one Smt. Kailash Devi, who was given appointment as a Bus Conductor in similar circumstances Bus Conductor, filed writ petition No. 4962/95 before this Court and the same was allowed vide judgment dated 29.11.96 giving direction to the Corporation to provide her a post of LDC on regular basis within 15 days from the date of receipt of a copy of the order.
(2.) In back-drop of the above factual position the present writ petition has been filed on 25th July, 1997 when no action was taken by the respondents even after getting notice for demand of justice.
(3.) The respondents have filed a joint return and factual aspect is not disputed by them. However, the plea taken by them is that vide resolution No. 21/96 passed on May 28, 1996, the Corporation has taken a policy decision to provide employment to the dependents of the deceased employees on compassionate grounds in the posts of conductor or driver or on such posts in the workshop which carry pay scale either equivalent to that of a driver or a Conductor or lesser than that. According to the respondents, a specific policy decision was also taken by the Corporation that no appointment in Class IV or L.D.C. services or other Ministerial Class shall be given on compassionate grounds A copy of the office order, detailing out guidelines for providing employment to the dependents of the deceased employees in compliance to resolution No. 21/96 has been placed on record as Annexure R/1. It is further pleaded that realising practical difficulty of women dependents, the Managing Director has issued office order dated, 29.5.97 whereby instructions have been issued that such women, instead of being given field duty, may be adjusted/employed for doing work in (i) Enquiry Branch, or (ii) Checking Branch or (iii) Bag Branch. That in case of petitioner also, a suitable order has been passed in consonance to the above office order dated, 29.5.97.;