AI Structured Summary
Not yet generated for this judgment
Judgment
By way of the present writ petition, the petitioner has laid
challenge to an order dated 03.03.2014, whereby petitioner''s
application, seeking compassionate appointment had been turned
down by the respondents inter alia observing that the application
was not filed within a period of 90 days.
Mr. Surendra Thanvi, learned counsel appearing for the
petitioner submits that rejection of petitioner''s application for
grant of compassionate appointment vide impugned order is illegal
as the notification dated 16.07.2010, whereby the relevant Rules
of 1975 had been amended, has been struck down by this Court
vide its judgment dated 28.10.2015 rendered in case of Prashant
Soni Vs. The Managing Director, Nagaur Central Co-
operative Bank Ltd (S.B. Civil Writ Petition No.8701/2014).
He further, submitted that an appeal filed thereagainst has been
rejected by the Division Bench vide its order dated 10.05.2016
and the order of learned Singh Judge quashing the notification has
been affirmed. Mr. Thanvi relies upon another judgment of this
Court dated 06.10.2016 rendered in S.B. Civil Writ Petition
No.5862/2014 (Rahul Sankhla Vs. State of Rajasthan &
Ors.), wherein relying upon the aforesaid judgments, a Co-
ordinate Bench of this Court has allowed the writ petition and
quashed the order for rejecting petitioner''s candidature, involving
identical issue.
Mr. Surendra Choudhary, learned counsel for the respondents
is not in a position to controvert this possession of law.
In view of the above, the present writ petition is allowed, the
impugned order dated 03.03.2014 (Annex.6) rejecting petitioner''s
application for grant of compassionate appointment is quashed
and set aside. The respondents are directed to consider
petitioner''s application afresh and give him suitable appointment
within a period of three months from today, if he is otherwise
found eligible.
Writ petition stands allowed. No order as to costs.