Paridhi Arya
Published on April 21, 2022 at 16:54 IST
The Single Judge Bench of Rajasthan High Court, Justice Rekha Borana dismissed the Writ Petition filed for Compassionate Appointment.
The Petitioner’s brother was a Government Officer who died on May 22, 2018 and so he filed an Application for Compassionate Appointment but his Application was rejected.
The Rejection was made on the Ground that in accordance to the Rule 2(c)(v) of Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 married brother cannot be termed as ‘Dependent’
However, after the Application got Rejected Petitioner filed a Writ Petition which got dismissed stating that Petitioner being married brother cannot be held Dependent on Deceased Government employee Ramesh Jangid and so not entitled for Compassionate Appointment.
Justice Borana stated “Admittedly, the Petitioner is married and therefore, in terms of the Rules of 1996, the Petitioner cannot be held to be a dependant and to be entitled for Compassionate Appointment. In view of the specific Provisions of Law, this Court is not inclined to interfere with the order dated 01.01.2019.”
The Court observed that specific Provision provides that Compassionate Appointment will be given only to Dependant of Deceased employee and to an unmarried brother to an unmarried Government Employee who expired and so Petitioner does not fall in Dependents.