Compassionate Appointment For Kin Of Permanently Disabled Employees Applicable Even If Accident Predated Rules: Rajasthan High Court

The Rajasthan High Court has held that date of accident has no relevance while considering application for compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023, if on the date of enforcement of the Rules, the condition of permanent total disability existed. The bench of Justice Anand Sharma observed that the Rule did not prohibit considering of such cases where the accident that led to the permanent total disability occurred prior to the date of enforcement of such Rules. “Court finds that the petitioner cannot be discriminated by the respondents by raising an artificial grounds which is not available under the Rules of 2023. The Rules nowhere specifically prohibits consideration of such cases where accident has taken place prior to date of enforcement of such Rules.”The Court was hearing a petition filed by a person whose father was working with the Animal Husbandry Department, when owing to an accident in 2021, he suffered 85% permanent disability and was in coma. Subsequently, the petitioner filed application for compassionate appointment under the Rules, which was rejected by the Department on the ground that the accident of the petitioner's father occurred prior to the enforcement of the Rules. This order was challenged before the Court. It was argued that date of accident was not relevant for the Rules to apply. Since on the date of enforcement of the Rules, petitioner's father was a permanently disabled person, the Rules were applicable. This was opposed by the Department on the ground that the Rules were applicable only in cases where the disability occurred after the enforcement of the Rules. It was submitted that the position was also concurred by the Department of Personnel. After hearing the contentions, the Court observed that Section 2(f) of the Ruled defined “permanent total disable government servants”, that did not distinguish between those who became disabled prior to the date of enforcement or post the date of enforcement of the Rules. Further, Rule 5 that dealt with appointment subject to certain conditions, also did not create any difference for consideration with respect to the date of accident. It merely provided that if the Government Servant suffered permanent disability due to an accident while on duty, the benefit under the Rules would be available. The Court also observed that the interpretation of the Department defeated the object and purpose of the Rules which was to provide financial and social support to the family of the concerned government servant. “Once the condition of permanent total disability exists on the date when the Rules came into force and the employee continues to remain in service but is medically declared unfit, denial of consideration merely on the basis that the accident occurred prior to enforcement of the Rules would amount to introducing a condition into the Rules, which the Rule making authority itself has consciously not provided.”It was further stated that beneficial and welfare legislation had to be interpreted liberally so that their object could be furthered, rather than frustrating the same by adopting a hyper-technical approach. Accordingly, the petition was allowed, and the respondents were directed to reconsider the application of the petitioner, without considering the date of the accident. Title: Karan Pratap Singh v State of Rajasthan & Ors. Citation: 2026 LiveLaw (Raj) 202Click Here To Read/Download Order

Compassionate Appointment For Kin Of Permanently Disabled Employees Applicable Even If Accident Predated Rules: Rajasthan High Court

Nupur Agrawal

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Compassionate Appointment For Kin Of Permanently Disabled Employees Applicable Even If Accident Predated Rules: Rajasthan High Court

Nupur Agrawal

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