Allowed

Raj. Agriculture University, Bkn. andORS v. Satpal Singh

Rajasthan HC12 Jul 2019SAW/543/2014

Case brief

AI extract

What is this about?

The Division Bench allowed the rival appeal following its own precedent in Dinesh Yadav, directing the University to consider granting compassionate appointment to the legal heir if a junior was regularized within one year of the deceased's death.

What did the court decide?

University directed to consider and grant compassionate appointment to legal heir if a junior was regularized within one year of the deceased's death.

Raj. Agriculture University, Bkn. andORS… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 543/2014

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Rajasthan Agriculture University, Bikaner through its Registrar.

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Director of Research, Rajasthan Agriculture University, Bikaner.

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The Incharge Mechanical, Rojadi Farm, Rajodi, District Sri Ganganagar.

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----Petitioner

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Versus

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Satpal Singh S/o Late Shri Bhagat Singh aged 23 years, R/o Rojadi Farm, Tehsil Gharsana, District Sri Ganganagar.

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----Respondent

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For Petitioner(s) : Mr. RDSS Kharlia For Respondent(s) : Mr. Mukesh Vyas

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HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA

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Judgment

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12/07/2019

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The appellant University’s grievance is that a direction to grant compassionate appointment could not have been given. The Single Judge had directed compassionate appointment to the legal heir of the deceased employee.

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A Division Bench of this Court has rejected the identical appeal being DB Special Appeal (W) No.739/2018 ( Maharana Pratap University of Agriculture & Technology, Udaipur Vs. Dinesh

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(2 of 3)

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[SAW-543/2014]

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Yadav & Anr. ), decided on 24.04.2018. Today, the review petition against that order too was rejected by the Court.

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The appellants’ counsel urges that there is distinction between the facts in Dinesh Yadav’s and this case inasmuch as the scheme of the employer University is slightly different. He also submits that the employee in this case was at Sl.No.12, awaiting regularization when he passed away on 26.03.2007.

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The facts are that the deceased employee was initially appointed in June 1986 as a casual labourer in the Rajasthan Agriculture University. He was granted ex-cadre pay scale after completion of 10 years service. After service of more than 19 years, he died. 5. After consideration of the scheme, which according to the appellant constrained the University inasmuch as heirs of only regular employees working against sanctioned post can expect compassionate appointment, the claim was rejected. 6. This Court in Dinesh Yadav’s case had directed relief stating that omission to appoint the deceased employee to a sanctioned post could not deprive his legal representatives of the compassionate appointment. It is to be noticed that in Dinesh Yadav’s case, the Division Bench had granted relief noticing the fact that the deceased employees’ junior was regularized in the year 2013 (within a year of his death). 7. The Court is of the opinion that the same principle ought to be adopted in this case too. The appellant University is directed to consider the writ petitioner’s claim for compassionate appointment, and grant it in case any individual or individual

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(3 of 3)

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[SAW-543/2014]

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junior to the deceased employee was regularized within one year from the date of death of petitioner’s father, in terms of the scheme.

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The appeal is disposed of in terms of above directions; all pending applications are disposed. of.

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(DINESH MEHTA),J

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(S. RAVINDRA BHAT),CJ

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8-ArunV/-

Raj. Agriculture University, Bkn. andORS v. Satpal Singh

Case brief

What is this about?

What did the court decide?

Raj. Agriculture University, Bkn. andORS v. Satpal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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