Disposed

Maharana Pratap.U.of. a. and T. and Anr. v. Kailash Dangi

Rajasthan HC12 Jul 2019SAW/632/2014

Case brief

AI extract

What is this about?

This Division Bench dispelled the appellant University's grievance against a Single Judge direction for compassionate appointment. Relying on a previous ruling, the Court held that omission to regularize a deceased employee does not deprive legal heirs of compassionate appointment if a junior employee was regularized within one year of death.

What did the court decide?

Appellant directed to consider respondent's claim for compassionate appointment and grant it if a junior was regularized within one year of death.

Maharana Pratap.U.of. a. and T. and Anr… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 632/2014

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Maharana Pratap University of Agriculture & Technology, Udaipur through its Registrar, Udaipur.

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Dean, Rajasthan College of Agriculture, MPUAT, Udaipur

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----Petitioner

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Versus

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Kailash Dangi S/o Lage Shri Hamera Dangi, resident of Dangiyon ki Pancholi, Post Bhoiyo Ki Pancholi, Panchayat Samiti Girva, District Udaipur.

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----Respondent

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For Petitioner(s) : Mr. G.R. Punia, Senior Advocate with Mr. Rajesh Punia 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, following a previous ruling in Satpal Singh Vs. Rajathan Agriculture University as SB Civil Writ Petition No.3241/2008.

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(2 of 3)

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[SAW-632/2014]

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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 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.102, awaiting regularization when he passed away on 03.05.2009.

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The facts are that the deceased employee was initially appointed in July 1988 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.

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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.

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It was held in Dinesh Yadav’s case 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).

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The Court is of the opinion that the same principle ought to have been adopted. The appellant University is directed to

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(3 of 3)

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[SAW-632/2014]

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consider the writ petitioner’s claim for compassionate appointment, and grant it in case any individual or individual 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; all applications are disposed of.

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(DINESH MEHTA),J

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(S. RAVINDRA BHAT),CJ

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9-ArunV/-

Maharana Pratap.U.of. a. and T. and Anr. v. Kailash Dangi

Case brief

What is this about?

What did the court decide?

Maharana Pratap.U.of. a. and T. and Anr. v. Kailash Dangi

Case brief

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What did the court decide?

What the court decided

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