Supreme Court Upholds Regulation on Compassionate Appointment in Transport Corporation Case — Regulation 4(3) Not Discriminatory. The classification of dependents under Regulation 4(3) is reasonable and does not violate Article 14 of the Constitution.

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Case Note & Summary

The Rajasthan State Road Transport Corporation appealed against a judgment from the Rajasthan High Court which declared Regulation 4(3) of its Compassionate Appointment Regulations, 2010 unconstitutional for violating Article 14 of the Constitution. The case arose after the respondent's father, an employee of the Corporation, died in a motor accident while traveling in a Corporation bus. The respondent claimed compensation under the Motor Vehicles Act, 1988, but his request for compassionate appointment was rejected based on Regulation 4(3), which stated that dependents could not claim both compensation and compassionate appointment if the employee died in a Corporation vehicle. The High Court found this regulation discriminatory, as it treated dependents of employees who died in Corporation vehicles differently from those who died in non-Corporation vehicles. The Supreme Court analyzed the classification made by Regulation 4(3) and concluded that it was reasonable, as it aimed to prevent the Corporation from bearing dual liabilities of compensation and compassionate appointment. The Court emphasized that the dependents of employees who died in Corporation vehicles and those who died in other vehicles are not similarly situated regarding their claims. Therefore, the Supreme Court set aside the High Court's judgment, ruling that the respondent was not entitled to compassionate appointment after receiving compensation under the Act.

Headnote

A) Constitutional Law - Discrimination - Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 - The High Court declared Regulation 4(3) unconstitutional for being discriminatory against dependents of employees who died in accidents involving Corporation vehicles. The Supreme Court held that the classification of dependents is reasonable as it distinguishes between those who claim compensation from the Corporation and those who do not, thus not violating Article 14 (Paras 1-12).

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Issue of Consideration

Whether Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 is discriminatory and violative of Article 14 of the Constitution.

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Final Decision

The Supreme Court set aside the High Court's judgment, ruling that Regulation 4(3) is not discriminatory and the respondent is not entitled to compassionate appointment after receiving compensation under the Act.

Law Points

  • Article 14
  • compassionate appointment
  • discrimination
  • reasonable classification
  • Motor Vehicles Act
  • 1988
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Case Details

2019 LawText (SC) (10) 121

Civil Appeal No. 7802 of 2019

2019-10-04

L. Nageswara Rao, Hemant Gupta

Rajasthan State Road Transport Corporation

Danish Khan

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Nature of Litigation

Appeal against the High Court's judgment declaring a regulation unconstitutional.

Remedy Sought

The Corporation sought to uphold Regulation 4(3) of its Compassionate Appointment Regulations.

Filing Reason

The respondent challenged the rejection of his application for compassionate appointment.

Previous Decisions

The High Court had previously ruled that Regulation 4(3) was discriminatory.

Issues

Whether Regulation 4(3) is discriminatory and violative of Article 14. Whether the classification of dependents under Regulation 4(3) is reasonable.

Submissions/Arguments

The Corporation argued that the classification was reasonable to avoid dual liability. The respondent contended that the regulation was discriminatory against dependents of employees who died in Corporation vehicles.

Ratio Decidendi

The classification of dependents under Regulation 4(3) is reasonable and does not violate Article 14, as it distinguishes between those who claim compensation from the Corporation and those who do not.

Judgment Excerpts

Regulation 4(3) of the Regulations has been declared as violative of Article 14 of the Constitution of India. The object of compassionate appointment is to mitigate the hardship of the family members of the bread-winner. The dependents of a deceased employee who claim compensation from the Corporation under the Act and compassionate appointment from the Appellant-Corporation from a separate class.

Procedural History

The respondent filed a Writ Petition in the High Court challenging the constitutionality of Regulation 4(3), which was allowed, leading to the appeal by the Corporation.

Acts & Sections

  • Motor Vehicles Act, 1988: Section 166, Section 140
  • Constitution of India: Article 14
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