In Brief
The respondent sought compassionate employment after his father's death, though the father had been designated 'Part Time Tubewell Operator' despite 13 years of service. The father had initially fought a six-year legal battle for appointment and was treated as a regular employee—paid on regular scale, transferred between departments, and deployed for election duties. The Court upheld the High Court's finding that the father held a regular vacancy post and was a 'Government servant' under the Rules, entitling the respondent to compassionate appointment. The State's own conduct (transfers and election deployment) confirmed regular employment status. Treating the respondent differently from similarly situated candidates (Balram and Geeta Devi) was discriminatory. Appeal dismissed.
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