ARTICLE 14 DOES NOT FORBID REASONABLE CLASSIFICATION FOR THE PURPOSES OF LEGISLATION

Article 14 of the Indian constitution grants the right to equality of every citizen of India. It embodies the right to equality expressed in the preamble of the constitution. This article guarantees that every person will be treated with equality before the law and equal protection of the law.

In the case of Rajasthan State Road Transport Corporation vs. Danish Khan the Rajasthan State Road Transport Corporation had filed an appeal against the judgment given by the Rajasthan High Court of Judicature, Jaipur Bench which held that Regulation 4(3) of the Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 violates Article 14 of the Indian constitution.

This case was about the respondent’s father who worked in the appellant’s cooperation and had died in a motor accident. He was travelling by the means of the Appellants cooperation which had an accident with another bus. A claim was made by the respondent before the Motor Vehicle Claim Accident Tribunal under section 166 and 140 of the Motor Vehicles Act, 1988.The amount claimed was Rs 1,35,50,000/- but the compensation awarded was of Rs 22,95,775/-.

To this the respondent made a presentation to the Chief Manager of the Appellant    Corporation seeking compassionate appointment. But this request was declined on the grounds that he was not entitled in light of Regulation 4(3) of the regulations. According to this Regulation, if an employee of the corporation dies while travelling in a vehicle belonging to the cooperation, it does not give rise compensation as well as compassionate appointment. But the dependents of those employees who died in an accident while travelling in a vehicle not owned by the cooperation are entitled for compensation against the owner and as the case may be also get Compassionate appointment. 

By Rejection of this plea, the respondent filled a writ petition in the High Court and this regulation was struck down owing to the grounds that the dependents of the employees who died in an accident while travelling by a vehicle belonging to the cooperation cannot be treated differently than those of the dependents of the employees who died in an accident who were not travelling by a vehicle not belonging to the cooperation.

The equality guaranteed under article 14 of the constitution does not mean that all laws are general in nature and it does not apply the same to every person. Every class of person requires different treatment of the law. The society or situation is different so the law should also be applied according to that situation or society. Article 14 forbids class legislation and not reasonable classification for the purposes of legislation.

It was held in the bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta that there were two categories of dependents of employees who have died , one who   were travelling by the vehicle of the cooperation and one who were not travelling by the  n        vehicle of the cooperation  and they cannot be treated as equals

Therefore the regulation 4(3) cannot be said to be discriminatory and is not violating Article 14 of the constitution.

As the Respondent had received the compensation Under the Motor Vehicles Act, 1988, he is not entitled for the compassionate employment under the regulation

BY:-

SAMAIRA NAKRA

STUDENT REPORTER, INBA