[2025:RJ-JD:35140]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 20556/2024 Nakul S/o Late Hari Kishan, Aged About 23 Years, Opposite Aravali Forest Department, In Front Of Stadium, Nagaur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

2. Director, Secondary Education, Government Of Rajasthan, Bikaner.

3. Director, Elementary Education, Government Of Rajasthan, Bikaner

4. District Education Officer (Headquarter), Secondary Education, Government Of Rajasthan, Nagaur (Raj.)

5. District Education Officer (Headquarter), Elementary Education, Government Of Rajasthan, Nagaur (Raj.)

----Respondents For Petitioner(s) : Mr. Varda Ram Choudhary For Respondent(s) : Mr. Sandeep Soni Ms. Nikita Marothi HON'BLE DR. JUSTICE NUPUR BHATI

Order

07/08/2025

1. An Interlocutory Application (No.01/25) has been filed by the petitioner for preponement of the date fixed in the matter.

2. For the reasons submitted in the application, the same is allowed.

3. The Petitioner has filed the instant writ petition under Article 226 of the Constitution of India aggrieved of the order dated 01.03.2024 (Annex.9) passed by Joint Administration Secretary, Education (Group-2) whereby the application (Annex.2) submitted by the petitioner seeking compassionate appointment on account of death of his unmarried sister has been rejected. The prayer sought by the petitioner in the instant petition is reproduced as under:

“It is, therefore, most humbly and respectfully prayed that the writ petition filed by the petitioner under Article 226 of the Constitution of India may kindly be accepted and allowed, and impugned order dated 01/03/2024 (Annexure-9) passed by Joint Administration Secretary, Education (Group-2), Jaipur may kindly be quashed and set-aside and respondents may be directed to appoint the petitioner in respondent department on the post of La Assistant on compassionate ground with effect from the date of hi application for the same and he may be paid arrear alongwit interest @ 18% p.a. from the date of his appointment till the date o realization. Any other order which is in favour of the petitioner may kindly be passed in the interest of justice. Cost of the writ petition may kindly also be allowed to the petitioner.”

4. Brief facts of the case are that Ms. Mona, the unmarried sister of the petitioner, was appointed in the Revenue Department, Government of Rajasthan, on 11.10.2017. She passed away on 05.04.2021 during her service. Following her death, the petitioner applied for compassionate appointment as a Lower Division Clerk (L.D.C.) under Rule 2(c) of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996, submitting all requisite documents to respondent No.5 however, on 17.08.2022, realizing eligibility for the post of Laboratory Assistant, the petitioner submitted a fresh application, which was forwarded by respondent No. 5 to respondent No. 3 on 19.09.2022. On 03.11.2023, the Joint Administrative Secretary, Education (Group-2), returned the petitioner’s application, citing a Supreme Court judgment dated 18.11.2021 (Civil Appeal No. 6903/2021) stating that compassionate appointment rules applicable at the time of the deceased’s death (05.04.2021) should apply, and the Notification dated 28.10.2021 (Annex.8) cannot be applied retrospectivley. On 01.03.2024, the Joint Administrative Secretary ordered the removal of the petitioner’s case from pending compassionate appointment cases, following the Department of Personnel’s denial (Annexure-9). On 15.11.2024, the petitioner sent a legal notice to the respondents, requesting appointment as a Laboratory Assistant on compassionate grounds, asserting eligibility under the amended Rule 2(c) and the Notification dated 28.10.2021 (Annexure-12)

but to no avail. Hence, this petition.

5. Learned counsel for the petitioner submits that vide Notification dated 28.1