Court rules that the date of accident is irrelevant under the 2023 Rules for compassionate appointments.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, under the judgment of Mr. Justice Anand Sharma, has directed the State of Rajasthan to reconsider its decision to deny compassionate appointment to Karan Pratap Singh Rathore. The court found the rejection, based on the date of the father's accident, to be contrary to the Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023.
The case revolved around the denial of a compassionate appointment to Karan Rathore, whose father, Mahendra Pratap Singh Rathore, an Assistant Administrative Officer in the Animal Husbandry Department, was rendered permanently disabled due to an accident on July 1, 2021. Despite being declared permanently unfit for service by the Medical Board, Karan's application was rejected by the Director, Animal Husbandry, citing the accident's occurrence prior to the enforcement of the 2023 Rules.
Justice Anand Sharma emphasized that the Rules of 2023 do not distinguish between disabilities occurring before or after their enforcement, as long as the employee was on duty at the time of the accident and declared permanently unfit. The court underscored the welfare nature of the legislation, advocating for a liberal interpretation to fulfill its objective.
The court quashed the Director's order dated May 14, 2025, and instructed the respondents to reconsider Karan's application without objecting to the accident's date. If found eligible, the court mandated that Karan be granted a compassionate appointment within six weeks.
This judgment reaffirms the judiciary's role in ensuring that welfare legislation achieves its intended purpose, providing much-needed relief to affected families.
Bottom line:-
Compassionate appointment under the Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023 cannot be denied solely on the ground that the accident causing permanent total disability occurred prior to the enforcement of the Rules, if the employee was still in service and declared permanently unfit by the Medical Board.
Statutory provision(s): Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023, Rule 2(f), Rule 5.
