- (1.) THE object underlying a provision for grant of compassionate employment is to enable the family of deceased employee to tide over the sudden crisis resulting due to death of the bread-earner which has left the family in penury and without any means of livelihood. Out of pure humanitarian consideration and having regard to the fact that unless some source of livelihood is provi- ded, the family would not be able to make both ends meet, a provision is made for giving gainful employment to one of the dependents of the deceased who may be eligible for such appointment. Such a provision makes a departure from the general provisions of making appointment by following prescribed procedure.
(2.) THIS writ petition relates to appointment on compassionate grounds of the dependent of a Beldar Bhagwan Sahai, who died in harness. The grievance of the petitioner, who is the dependent of late Bhagwan Sahai is that though he was appointed on compassionate ground, but was not given permanent status like his late father. His appointment on the post of Beldar on daily wages basis was made by the respondents defeating the object of the Rajasthan Recruitment of Dependents of Government Servants Dying while in service Rules, 1975 (for short the `Rules of 1975). The petitioner has sought direction that he be given regular appointment as electrical helper on compassionate ground. The Respondents on the other hand pleaded that undoubtedly the petitioner was appointed on the post of Beldar on temporary basis in the year 1995 but after completion of two years continuous service he was given semi permanent status in the year 1997. The petitioner is not entitled to be appointed as Electrical Helper as he has not submitted experience certificate in this regard. I have reflected over the rival submissions advanced by the learned counsel appearing for the parties and carefully scanned the material on record. Rules 1975 have been promulgated by the Governor of Rajasthan in exercise of powers conferred by the proviso of Article 309 of the Constitution of India. Rules 5 mandates that competent authority shall give suitable appointment in government service to one member of the family of a deceased government servant provided the conditions contained in the Rules are satisfied. Rule 8(2) makes a departure from the general provisions of making appointment by following prescribed procedure. The petitioner has appended with the writ petition circular dated Septem- ber 20, 1995 (Annexure-8) issued by the Finance Department of the State of Rajasthan. Clause 16 of the Circular reads as under- *******
(3.) RULES of 1975 have statutory force. Appointment of dependent of a deceased government servant on compassionate grounds under RULES 1975 is a regu- lar appointment for all purposes and the said appointment cannot be treated as temporary or casual. A person appointed under RULES 1975 cannot be left at the mercy of the employer, in the capacity of temporary or casual employee. The only care which has to be taken is that such appointment should not unduly interfere with the right of other persons who are eligible for appointment to seek employ- ment against the post which would have been available to them, but for the provision enabling appointment being made on compassionate grounds of the dependent of a deceased employee. A look at the appointment letter (Annexure-4) of the petitioner demonstrates that he was temporarily appointed on the post of Beldar on compassionate ground vide order dated March 20, 1995. But certificate (Annexure-6) issued by the Assistant Engineer PWD Electrical Department Gandhi Nagar Jaipur shows that the petitioner had been working satisfactorily as helper with wireman in the office of PWD Gandhi Nagar Jaipur since March, 21, 1995 till July 20, 1996, the date when the aforesaid certificate was signed. In the reply the respondents did not deny the issuance of the certificate but only pleaded that they have no knowledge about the said certificate. As the respondents did not deny the fact that the petitioner had been working as helper in the Electrical Department of PWD since March 21, 1995, there is no reason to disbelieve the averments made by the petitioner in this regard. From perusal of document Annexure-9 it is evident that deceased Bhagwan Sahai was a permanent employee, as such it was incumbent upon the respondents to provide the petitioner an employment of permanent status. Intention behind the circular (Annexure-8) is that a dependent of a deceased employee shall be provided employment on permanent basis. No restriction shall be applied to such appointments meaning thereby that if there is no vacancy of permanent post in the department, a supernumerary post shall be created. Appointing the petitioner on temporary basis as Beldar and giving him semi permanent status after completion of two years of service is not justified in view of the object of the Rules 1975. It is rather a strange fact that on one side the respondents in their reply averred that the petitioner was not entitled to be appointed as electrical helper as he did not produce experience certificate in this regard but on the other side the petitioner was directed from the next day of his appointment, to work as helper in the electrical department and his work was found satisfactory by the Assistant En- gineer as is evident from the certificate (Annexure-6). ;