State of Rajasthan and anr. Vs. Kanhaiya Lal and ors. - Court Judgment

Excerpt:
.....which was in force, under which near relative of an issueless deceased employee could be considered for appointment policy however changed by railway board on 13.12.1995 (10 days after death) and provision for giving compassionate appointment to near relatives deleted changed policy conveyed vide circular dated 22.12.1995 - compassionate appointment sought by deceased employees nephew - widow also supporting his case - high court not specifically considering the legal issue whether the policy which was prevalent at the time of employees death on 3.12.1995, or the revised policy which was prevalent at the time of making application for compassionate appointment, should be applied held, rules/orders prevalent at time of employees death or rules/orders prevalent at the time of making..........rajasthan. the only ground on which the eviction order has bane passed is the ground of default in payment of rent. in the interests of justice inasmuch as school is being run by the education department, government of rajasthan, therefore, it would not be appropriate to uphold that order when the appellants are willing to offer and to pay all arrears of rent. there was, however, another ground, that is to say the ground of bona fide need of the landlord too, that fact has not been gone into. the proper order in so far as the order of eviction on default in payment of rent, would be to set aside the high court's order but the suit to proceed before the learned trial judge on the question of bona fide need and the learned judge will hear and decide the same as expeditiously as possible.....

Judgment:
ORDER

Sabyasachi Mukharji, J.

1. Special leave granted.

2. The order of the High Court is set aside subject to the following condition that the school which is being sought to be evicted by virtue of the order of eviction made before the High Court and he trial court is run by the Government of Rajasthan. The only ground on which the eviction order has bane passed is the ground of default in payment of rent. In the interests of justice inasmuch as school is being run by the Education Department, Government of Rajasthan, therefore, it would not be appropriate to uphold that order when the appellants are willing to offer and to pay all arrears of rent. There was, however, another ground, that is to say the ground of bona fide need of the landlord too, that fact has not been gone into. The proper order in so far as the order of eviction on default in payment of rent, would be to set aside the High Court's order but the suit to proceed before the learned trial Judge on the question of bona fide need and the learned Judge will hear and decide the same as expeditiously as possible and preferably within a period of six months from today. Until the disposal of the suit the appellants will pay the enhanced rent @ Rs. 500/-per month. The first of such payment shall be made from Ist November, 1987 and subsequent payment shall be paid by the 10th of each succeeding month. If the appellants so desire they can move the Court for fixation of rent but in no case the standard rent will not be less than Rs. 500/- per month.

3. The appeal is disposed of accordingly.