JUDGMENT :

ANAND SHARMA, J.

1. Present writ petition has been filed seeking issuance of direction to the respondents to grant compassionate appointment to the petitioner on account of the death of the petitioner’s father, who was serving as Driver with the respondents. The petitioner contends that the family suffered financial hardship upon the demise of the deceased employee and that the denial of compassionate appointment is arbitrary and unjust.

2. Learned counsel for the petitioner submitted that Late Shri Kanwar Singh, father of the petitioner was working on the substantive post of Driver in Rajasthan State Road Transport Corporation. However, on 24.07.2006, while driving the bus of the Corporation, father of the petitioner met with an accident and suffered injuries. Therefore, father of the petitioner could not join duties. Thereafter, on 23.11.2006, father of the petitioner suffered burn injuries on account of blast of LPG Cylinder. However, father of the petitioner was terminated from service by the respondents vide order dated 22.06.2007. Feeling aggrieved, father of the petitioner approached this Court by way of filing S.B. Civil Writ Petition No. 8971/2007 which was dismissed on 29.10.2007 on the ground of availibility of alternative remedy. Thereafter, father of the petitioner raised an industrial dispute which was referred by the Appropriate Government to the Industrial Tribunal & Labour Court, Alwar (hereinafter to be referred as 'the Industrial Tribunal').

3. However, during pendency of the reference before the Industrial Tribunal, father of the petitioner died on 27.10.2013, leaving behind his widow, one son (the petitioner) and three daughters. Industrial Tribunal vide its award dated 11.09.2019 answered the reference in favour of the workman-father of the petitioner and held him entitled for 50% of the salary payable to the deceased-workman as compensation from the date of termination till the date of death of the workman along with continuity of service.

4. The respondent challenged the award passed by the Industrial Tribunal by way of filing S.B. Civil Writ Petition No. 422/2020 which was dismissed by Co-ordinate Bench of this Court vide order dated 14.12.2022. Thereafter, the petitioner submitted an application to the respondents on 30.09.2019 seeking appointment on compassionate ground. However, vide order dated14.07.2025, application filed by the petitioner seeking appointment of the petitioner on compassionate ground was dismissed by the respondents. Hence, the petitioner has approached this Court by way of filing instant writ petition. It is submitted that the action of the respondents in declining benefit of appointment on compassionate ground to the petitioner is unjustified, unwarranted and violative of Article 21 of the Constitution of India. Learned counsel for the petitioner argued that when the compassionate appointment rules entitles the petitioner for compassionate appointment for saving the family of deceased employee from starvation, there is no justification in not providing the same to the petitioner, dependent of the deceased employee. Therefore, learned counsel for the petitioner has prayed for allowing the writ petition as also issuance of direction to the respondents for grant of appointment to the petitioner on compassionate ground.

5. I have heard learned counsel for the petitioner and carefully perused the material on record.

6. Perusal of the material on record would reveal that claim of the petitioner for appointment on compassionate ground has been declined by the respondents for the reason that at the time of death of father of the petitioner, he was not in active employment of the respondents. Be that as it may, this Court is of the view that the claim of the petitioner seeking appointment on compassionate ground is hopelessly barred by time.

7. The relevant facts, which are not in dispute, disclose that the deceased employee died in harness on 27.10.2013 several years prior to the fil