Ikhlak Ahmed S/O Late Mumtaz Ahmed Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Ikhlak Ahmed S/O Late Mumtaz Ahmed Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the employment of the appellant's elder brother could lawfully be made a basis to reject the appellant's application for compassionate appointment.

Court's answer

The appellant's submission that the employment of his elder brother could not be made a basis to reject his application for compassionate appointment is liable to be rejected at the threshold, being contrary to the provisions of Rule 5 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996.

Ratio / Principle

Under Rule 5(1) of the 1996 Rules, compassionate appointment is not admissible where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the central/any State Government or a Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government, whether at the time of death of the Government servant or at the time of appointment of the dependent.

Key takeaways

The disqualification under Rule 5(1) carries a proviso that it shall not apply where the widow seeks employment for herself; this exception was not applicable to the appellant and was not relied upon for the disposition.obiter¶23

Detailed headnote1 paragraphs

D.B. Special Appeal Writ No. 156/2024 (High Court of Judicature for Rajasthan, Bench at Jaipur; bench: Hon'ble Chief Justice Mr. Manindra Mohan Shrivastava and Hon'ble Mr. Justice Anand Sharma; order dated 15/04/2025) - DISMISSED. The appellant sought compassionate appointment following the death of a government servant (his father); his application had been rejected on the ground that his elder brother was already employed. The Court held that the appellant's submission that the elder brother's employment could not be made a basis for rejection fails at the threshold against Rule 5 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996. Rule 5(1) makes compassionate appointment inadmissible where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on a regular basis under the Central/any State Government or a Statutory Board, Organisation/Corporation owned or controlled wholly or partially by the Central/any State Government, at the time of death of the Government servant or at the time of appointment of the dependent; by proviso, this condition does not apply where the widow seeks employment for herself. Rule 5(2) further conditions such appointment on an undertaking to maintain the other dependent family members, breach of which permits termination. Finding no merit, the Division Bench dismissed the appeal.

[2025:RJ-JP:16069-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Special Appeal Writ No. 156/2024

Ikhlak Ahmed S/o Late Mumtaz Ahmed, Aged About 25 Years, R/o Nawab Sahab Ka Bada, Bajariya, Police Station Nihalganj, Tehsil And District Dholpur, (Raj).

----Appellant

Versus

State Of Rajasthan, Through Its Secretary, Home Department, Secretariat, Jaipur (Rajasthan).

Director General Of Police, Head Quarter Lal Kothi, Jaipur, Rajasthan.

Inspector General Police Range, Bharatpur, Rajasthan.

Superintendent Of Police, Bharatpur, Rajasthan.

----Respondents

For Appellant(s)	: Ms.	Shashi Sharma for
	Mr.	ManojKumar Avasthi
For Respondent(s)	:

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANAND SHARMA

Order

15/04/2025

Heard.

The submission of learned counsel for the appellant that the employment of the elder brother of the appellant could not be made a basis to reject the application for compassionate appointment, is liable to be rejected at the threshold on the face of the provisions contained in Rule 5 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 which provides as below:-

(2 of 2)

[2025:RJ-JP:16069-DB]

[SAW-156/2024]

“5 . Appointment Subject To Certain Conditions:-

(1) When a Government servant dies while in service one of his/her dependents may be considered for appointment in Government Service subject to the condition that employment under these rules shall not be admissible in cases where the spouse or at least one of the sons, unmarried daughters, adopted son/adopted unmarried daughter of the deceased Government servant is already employed on regular basis under the central/ any State Government or Statutory Board, Organisation/ Corporation owned or controlled wholly or partially by the Central/ any State Government *”at the time of death of the Government servant, or at the time of appointment of the dependent.”

Provided that this condition shall not apply where the widow seeks employment for herself.

(2) Appointment under these rules shall be given on the condition that the person appointed on compassionate ground shall maintain properly the other family members who were dependent on the deceased Government servant and on furnishing an undertaking in writing that he/she shall maintain properly the other family members who were dependent on the deceased Government servant. If subsequently, at any time, it is proved that such dependent family members are being neglected or are not being maintained properly by him, the appointment may be terminated by the Appointing Authority after providing an opportunity to the compassionate appointee by way of issue of show cause notice asking him to explain why his services should not be terminated.”

The appeal has no merit and the same is accordingly,

dismissed.

(ANAND SHARMA),J

(MANINDRA MOHAN SHRIVASTAVA),CJ

N.Gandhi/Neeru/17