Case : Ramdev v. State of Rajasthan, D.B. Spl. Appl. Writ No. 261 of 2020,
Division bench : comprised of Justice Sangeet lodha and justice Rameshwar vyas jj.
Facts of the case
The present case is an appeal against the single judge bench which held that having more than two children leads to disqualification for appointment to government jobs. The petitioner/ Appellant was denied appointment on compassionate ground because the petitioner is having more than two childrens hence making him non eligible for the appointment. The petitioner/appellant here is the son of deceased government employee whose survivors could seek an appointment by adhering to the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (1996 Rules) and Rajasthan Medical and Health Subordinate Service Rules, 1965.
Contentions of the petitioner
The counsel appearing for the side of petitioner/ Appellant contended that Although the appellant has more than two children’s but apart from this he has satisfied all the eligibility criteria. The counsel also contended that the petitioner is in dire need of the job hence he should be given the job. The main purpose of Deceased government servant rules 1996 was to give immediate relief to the family of Deceased and laying too much emphasis on the number of children criteria defeats the purpose of the Rules of 1996.
Judgment of the court
The Division Judge Bench upheld the previous Judgment by categorically affirming that in absence of any provision for the relaxation of any eligibility qualification and other service conditions in the Rules, an appointment cannot be offered to the dependent of the deceased Government servant.
- Devesh Tripathi