Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.

ORDER :

1. This writ petition has been filed by the petitioner challenging order dated 12.11.2025, whereby application filed by the petitioner for seeking compassionate appointment has been dismissed by the District & Sessions Judge, Ajmer, on account of the fact that the application has been maintained after 11 years from the date of death of deceased father of the petitioner.

2. Learned counsel for the petitioner submits that father of the petitioner was holding the post of Class-IV employee and unfortunately died on 08.12.2012 while he was in service, leaving six daughters and one adopted son behind him. His sudden death has put the entire family in deep financial crisis, therefore, adopted son of deceased government servant Mr. Rajendra Singh, initially filed an application for seeking compassionate appointment and when the application was not favourably considered, he filed S.B. Civil Writ Petition No.16582/2015 seeking compassionate appointment.

3. The writ petition was withdrawn by adopted son of deceased government servant on 29.03.2023. After withdrawal of writ petition filed by Mr. Rajendra Singh, the petitioner submitted an application on 17.10.2023 for seeking compassionate appointment. Along with application, she also submitted 'No Objection Certificates' issued by other legal heirs of the deceased government servant. When the application was kept pending by the respondents and no order was passed, the petitioner filed S.B. Civil Writ Petition No.13094/2025, which was disposed of by this Court on limited prayer made by learned counsel for the petitioner that he wanted to make a representation before the Competent Authority to decide application filed by the petitioner.

4. Learned counsel for the petitioner further submits that after lapse of around two years from the date of filing of the application, it has been rejected by District & Sessions Judge, Ajmer, vide letter/order dated 12.11.2025 wherein by referring Rule 10(3) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (for short 'the Rules of 1996') and taking into consideration that the application was filed by the petitioner after 11 years, the same has been rejected.

5. Learned counsel for the petitioner also submits that although the Rules of 1996 provides for limitation for submitting application, yet the limitation prescribed cannot be treated as absolute bar and the Competent Authority has got discretion to appreciate the mitigating circumstances, which prevented the incumbent from moving application for seeking compassionate appointment.

6. Learned counsel for the petitioner further submits that in the instant case although the initial application for compassionate appointment moved by adopted brother of the petitioner was well within time and when it was not considered by the respondents, a writ petition was also filed by him in the year 2015, although it was subsequently withdrawn on 29.03.2023.

7. Learned counsel for the petitioner further adds that during these years, the financial position of the petitioner as well as of his family has not improved and they are still striving hard for their daily bread and butter. He also submits that the sole object of scheme of compassionate appointment is to provide alternative source to the family in order to tide over the crisis, which has taken place on account of sudden death of bread-earner in the family. However, without considering all these factors, the application filed by the petitioner has been dismissed by the respondents in