[2026:RJ-JP:12486]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1516/2026 Janita Kumari D/o Late Shri Jai Singh Poonia, aged about 28 Years, R/o Dulaniya, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioner Versus

1. State of Rajasthan through Chief Secretary, State of Rajasthan, Secretariat, Jaipur.

2. Principal Secretary, Department of Home, Government Secretariat, Jaipur.

3. Director General of Police, Rajasthan, HQ, Lalkothi, Jaipur. 4. Commandant, 12th Battalion, RAC (IR), Vikaspuri, New Delhi.

5. Additional Director General of Police, Recruitment &

Promotion Board/ Armed Battalions, Rajasthan, Jaipur.

----Respondents For Petitioner(s) : Mr. Vinod Poonia For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Order

25/03/2026

1. This writ petition has been filed by the petitioner for seeking compassionate appointment under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 (for short, 'the Rules of 1996'), in place of his deceased father, who died on 17.09.2013.

2. It is stated in the writ petition that father of the petitioner was holding the post of Head Constable in 12th Battalion, RAC (IR) and was holding substantive post, however, while he was in service, on 17.09.2013, he expired all of the sudden. His sudden death caused grave financial crisis in the family, as he was only the breadwinner in the entire family.

3. Learned counsel for the petitioner submits that the petitioner filed an application for seeking compassionate appointment on 23.10.2013, however, compassionate appointment was not granted to her on the pretext that the petitioner was married daughter of deceased Lt. Sh. Jai Singh Poonia.

4. Learned counsel for the petitioner also submits that vide notification dated 28.10.2021, an amendment has been made in the Rules of 1996, whereby even married daughter of deceased Government servant has been considered as family member and has been held eligible for seeking compassionate appointment under the Rules of 1996. After enforcement of such amendment under the Rules, the petitioner sent reminder letter dated 06.07.2022 to grant compassionate appointment to the petitioner in the light of amendment dated 28.10.2021, however, such request of the petitioner was turned down vide letter/order dated 03.01.2024. Petitioner approached this Court by way of filing S.B. Civil Writ Petition No.1284/2025, which was disposed of vide order dated 07.02.2025 passed by the Co-ordinate Bench of this Court granting liberty to the petitioner to submit representation and the writ petition was permitted to withdraw with such liberty.

5. Learned counsel for the petitioner further submits that pursuant to the liberty granted by order dated 07.02.2025, the petitioner submitted a representation, however, the representation has been dismissed vide order dated 28.11.2025 on the sole ground that notification dated 28.10.2021, whereby the Rules of 1996 have been amended, cannot be applied retrospectively so as to cover the cases, where death has taken place wayback in the year 2013.

6. Learned counsel for the petitioner further submits that in Civil Reference No.01/2022 (Priyanka Shrimali Vs. State of Rajasthan & Ors.), Larger Bench of this Court at Principal Seat, Jodhpur, has decided reference, whereby notification dated 28.10.2021 has been directed to be implemented even in the cases of married daughters.

7. Learned counsel for the petitioner also submits that in the case of Lalita Bai & Anr. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.17726/2016) decided on 08.03.2023 by the Co-ordinate Bench of this Court, even in the case, where death has taken place prior to notification dated 28.10.2021, in the light of judgment of Priyanka Shrimali (supra), directions were given by the Co-ordinate Bench of this Court to consider the candidature of the petitioner in that case for compassionate appointment in view of the notification dated

28.10.2021.

8. Learned