Compassionate Appointment has no correlation with the amount receivable under a statute: Rajasthan HC [Read Judgment]

The Rajasthan High Court quashes Clause 4 of Compassionate Appointment of Dependents of Deceased Employees of Rajasthan State Road Transport Corporation Regulations 2010 as it is arbitrary and violative of Art.14 of the Constitution. Clause 4 of Regulation 2010 disqualifies the dependant of the deceased employee to seek compassionate appointment in case he/she has claimed compensation under the MV Act from the Corporation or his application is either pending claiming compensation or award has been passed by the MACT under the MV Act against the Corporation, and the dependant while submitting application for compassionate appointment under the Regulation 2010 has to submit an affidavit on a non-judicial stamp of Rs.10/- that he/she has not filed any claim application against the Corporation for the alleged accident with the vehicle of the Corporation. The counsel submitted that in a case where the employee of the Corporation met with an accident with the vehicle other than the vehicle of the Corporation and dies while in service, he can certainly make an application to claim compensation under the MV Act and at the same time one of the dependant of the deceased employee if otherwise eligible can be considered seeking compassionate appointment under Regulation 2010, but in a case where the serving employee of the Corporation died due to accident with the vehicle of the Corporation, he has to opt either to seek compassionate appointment under Regulation 2010 or to sue the Corporation claiming compensation under the MV Act. 14 of the Constitution The Bench finally held that Clause 4 of Regulation 2010 is certainly discriminatory and violative of Article 14 of the Constitution for the reason that if the employee of the Corporation meets with an accident with any vehicle other than the vehicle of the Corporation, the victim can claim compensation under the MV Act and one of the dependants can seek compassionate appointment under Regulation 2010, but if the employee of the Corporation meets with an accident with the vehicle of the Corporation, family members/dependant of the employee has to submit option either to seek compassionate appointment or to sue the Corporation claiming compensation under the MV Act has no nexus with the object to be achieved and is violative of Article 14 of the Constitution of India.