Dismissed

Subhash Kumar Son of Late Shri Bhaguram v. State of Rajasthan

Rajasthan HC6 Dec 2019CW/20372/2019

Case brief

AI extract

What is this about?

Petitioner, already appointed on compassionate grounds as LDC, claimed appointment as Teacher based on eligibility. Court held compassionate appointment right is consummated upon acceptance of the post and dismissed the claim as arbitrary and frivolous.

What did the court decide?

Writ petition dismissed as frivolous; all pending applications also dismissed. No costs.

Subhash Kumar Son of Late Shri Bhaguram Vs… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 20372/2019

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Subhash Kumar Son Of Late Shri Bhaguram, Aged About 34 Years, Resident Of Near Panchayat Samiti Office, Alsisar, District Jhunjhunu (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Deputy Secretary To The Government, Department Of Personnel, Govt. Secretariat, Jaipur (Raj.)

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Director, Elementary Education, Bikaner (Raj.)

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Chief District Education Officer, (Head Quarter), Secondary Education, Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Gajendra Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order

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06/12/2019

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The petitioner has already joined on the post of LDC. After having appointed on compassionate ground, the petitioner claims appointment on the post of Teacher as in terms of notification issued by the State Government, compassionate appointment can be given on the post of Teacher which is in the pay scale of Rs. 3200-3600.

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Learned counsel submits that the petitioner’s appointment on the post of LDC instead of on the post of Teacher is arbitrary and the petitioner ought to be given appointment on the post of Teacher. The issue is no more res integra. I n the State of Rajasthan Versus Umrao Singh” reported in 1994(6)SCC560,

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(2 of 2)

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[CW-20372/2019]

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the Supreme Court has already held that who has already been given appointment compassionate ground, does not have a right of option and has held as under:-

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“8. Admittedly the respondent's father died in harness while working as Sub-Inspector, C.I.D. (Special Branch) on 16.3.1988. The respondent filed an application on 8.4.1988 for his appointment on compassionate ground as Sub-Inspector or L.D.C. according to the availability of vacancy. On a consideration of his plea, he was appointed to the post of L.D.C. by order dated 14.12.1989. He accepted the appointment as L.D.C. Therefore, the right to be considered for the appointment on compassionate ground was consummated. No further consideration on compassionate ground would ever arise. Otherwise, it would be a case of 'endless compassion'. Eligibility to be appointed as SubInspector of Police is one thing, the process of selection is yet another thing. Merely because of the so-called eligibility, the learned Single Judge of the High court was persuaded to the view that direction be issued under proviso to Rule 5 of Rules which has no application to the facts of this case.”

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In view thereof, the writ petition is dismissed being wholly frivolous. All pending applications shall also stand dismissed.

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No costs.

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(SANJEEV PRAKASH SHARMA),J

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Anu /397

Subhash Kumar Son of Late Shri Bhaguram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Subhash Kumar Son of Late Shri Bhaguram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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