NARAYAN SINGH S/O SHRI GANESHRAM v. STATE OF RAJASTHAN
CW/16181/2025 · 2025-10-29
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48506 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48506 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:43332] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16181/2025 Narayan Singh S/o Shri Ganeshram, R/o Teja Ki Dhani, Tan Rajas, Tehsil Laxmangarh, District Sikar, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Transportation, Parivahan Bhawan, Sahkar Marg, Jaipur, Rajasthan.
2. General Manager, Rajasthan State Road Transport Corporation, Headquarter, Parivahan Marg, Chaumu House Jaipur, Rajasthan.
3. Chief Manager, Rajasthan State Road Transport Corporation, Sikar Depot, Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Madhav Dadhich For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 29/10/2025
1. This writ petition has been filed by the petitioner with following prayer:
“a) Issue an appropriate writ, order or direction to quash and set aside the impugned order dated 21.02.2025 passed by the Chief Manager, Sikar Depot. b) Issue an appropriate writ, order or direction directing the respondents to consider the petitioner’s son for appointment on compassionate grounds in pursuance of the Rajasthan Compassionate Appointment of Dependents of Permanently Disabled Government Servants Rules, 2023 dated
26.04.2023. c) Any other order, which this Hon’ble Court deem just and proper in the facts and circumstances of the case may also kindly be passed in favour of petitioner and
[2025:RJ-JP:43332] (2 of 3) [CW-16181/2025] d) Cost of the writ petition may also be awarded in favour of humble petitioner.”
3.
Learned counsel for petitioner while placing reliance upon the scheme introduced by the State Government in form of Rules titled as Rajasthan Compassionate Appointment of Dependents of Permanently Disabled Government Servants Rules, 2023 (hereinafter referred as “Rules of 2023”) submitted that the age of present petitioner at the time of accident was 32 years and he was declared as permanently disabled on the basis of Tibia Traumatic Paralysis and entitled to claim appointment as per condition under Rule-5 of Rules of 2023 as per the permanent total disability, defined under Rule 2(f). He further submitted that the petitioner has submitted a representation to the respondents but same was dismissed on 21.02.2025 on the ground that at the time of filing of application in February, 2025 the age of present petitioner is 32 years and 6 months whereas at the time of accident and occurrence of permanent disability, the age of petitioner was 58 years and he is eligible under Rule 5 of the Rules of 2023. He also submitted that the petitioner can be subjected to any medical examination either by the respondents constituting a medical board of their own choice or of SMS Medical College cum Hospital, Jaipur, to assess his disability. He further submitted that the rejection of representation is contrary to policy decision taken by the State Government and applicable upon the respondents corporation and it fundamentally violated the principle for which instant writ petition has been preferred by the petitioner. 4. Having considered the submissions of learned counsel for petitioner in light of Rules and the material as referred by him, it
[2025:RJ-JP:43332] (3 of 3) [CW-16181/2025] is appropriate to dispose of the writ petition with following directions: i) The petitioner shall submit fresh representation within a period of thirty days with all relevant documents mentioning the date of accident when the petitioner has sustained permanent disability. ii) The respondents shall examine the representation in the light of Rules of 2023 and if required, they may direct the petitioner to undergo medical test to be conducted by a Medical Board constituted by the General Manager of the Corporation or a Medical Board constituted by the Superintendent, SMS Hospital, Jaipur.
iii) The respondent(s) are under obligation to consider and decide the representation in light of Rules as referred hereinabove within a period of thirty days from date of receipt of representation and also under an obligation to assign the reason in case of non-acceptance of representation. iv) The decision on the representation be communicated to the petitioner either by speed post or by e-mail, if petitioner has provided e-mail in his representation. v) The petitioner is at liberty to re-approach this Court with the fresh petition, if still aggrieved from the decision by the respondents. 5. Hence, the writ petition is disposed of with all pending application(s). (ASHOK KUMAR JAIN),J CHETNA BEHRANI /10