Dismissed

Narendra Singh Rana v. U O I and Ors.

Rajasthan HC1 Aug 2024CW/5634/2015

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a writ petition seeking a direction for compassionate appointment. The Court held that since the respondent company eliminated the compassionate appointment scheme via a 2006 notification (renewed in 2011) in favor of a Rs. 5 lakh ex gratia payment, and the ex gratia amount was already paid, it could not direct the appointment in the absence of a valid scheme or

What did the court decide?

Writ petition, stay application, and all pending applications were dismissed.

Narendra Singh Rana Vs U O I and Ors. — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:32820]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.5634/2015

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Narendra Singh Rana S/o Late Shri Bani Singh Rana, Village Gopalpur, P.o. Hateesa, District Hathras Mahamayanagar U.p.

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----Petitioner

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Versus

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Union Of India Through Its Secretary Ministry Of Energy, New Delhi.

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The Project Director, Rajasthan Parmanu Bijlighar, Rawatbhata Via Kota, Rajasthan.

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The Senior/ Deputy Manager, N.p.c.i.l., Rawatbhata, Rajasthan Site, Via Kota, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Nishant Vyas For Respondent(s) : Mr. Dharmendra Jain

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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01/08/2024

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By way of filing of this writ petition, the petitioner has made a prayer for issuing directions to the respondents to consider his case for appointment on the compassionate ground.

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Learned counsel for the petitioner submits that the father of the petitioner died while in service on 22.07.2007 and immediately after his death, the petitioner’s mother submitted an application before the authorities for grant of compassionate appointment to the petitioner. Learned counsel submits that instead of granting appointment to the petitioner on compassionate ground, the respondents have made payment of ex gratia amount of Rs.5 lacs. Learned counsel submits that after

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the death of the petitioner’s father, the entire family is facing great financial crunch and crisis, so under these circumstances, appropriate directions be issued to the respondents for appointment of the petitioner on compassionate ground.

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Per contra , learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submitted that there is no scheme or provision for grant of compassionate appointment in the respondent-company. Learned counsel submits that earlier, such provision was there but in the year 2006, a notification was issued wherein looking to the changed scenario, it was found that it would not be feasible for the company to offer compassionate appointment to the number of employees, who die in harness. Learned counsel submits that taking note of the aforesaid situation, the provision was introduced for grant of ex gratia amount of Rs.5 lacs to the family members of the deceased employee. Learned counsel submits that, in the instant case, the aforesaid ex gratia amount of Rs.5 lacs has already been given to the family members of the deceased. Hence, under these circumstances, no further cause of action survives with the petitioner to continue with this petition and he is not entitled to get any relief as sought in the instant writ petition.

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Heard and considered the submissions made at Bar and perused the material available on record.

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Perusal of the record indicates that a notification was issued by the respondents in the year 2006 and the same was renewed in the month of September, 2011 wherein a decision was taken by the authorities that, looking to the changed scenario, it would not

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be feasible for the respondent-company to offer compassionate appointment to the family members of the employees, who die in harness. But at the same time, a provision was kept for grant of lumpsum amount of ex gratia i.e. Rs.5 lacs to family members of such deceased person.

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In the instant case also, keeping in view the provisions contained in the aforesaid notification, lumpsum amount of Rs.5 lacs has already been paid to the family members of the deceased. Since there is no such provision for considering the case of any person for grant of compassionate appointment, this Court is afraid of passing such direction in absence of any Rule or scheme in the respondent-company.

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This Court finds no merit and substance in the instant writ petition. Accordingly, the writ petition stands dismissed. 8. Stay application as well as all applications (pending, if any) stand dismissed.

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(ANOOP KUMAR DHAND),J

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Karan/141

Narendra Singh Rana v. U O I and Ors.

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Narendra Singh Rana v. U O I and Ors.

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