HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 7163/2015

Subhash Jangid S/o late Mangilal, b/c Jangid, aged 28 years,

resident of VPO Jajod, Tehsil Laxmangarh Distt. Sikar

----Petitioner

Versus

1. State of Rajasthan through Principal Secretary, Department of

Education, Secretariat, Jaipur

2. Principal Secretary, Department of Panchayati Raj,

Secretariat, Jaipur.

3. Director, Secondary Education, Rajasthan, Bikaner.

4. Deputy Director (Secondary Education), Jaipur Division,

Jaipur.

5. District Education Officer (Secondary-I), Sikar

6. District Education Officer (Elementary), Sikar

7. Zila Parishad Sikar through Chief Executive Officer

----Respondents

For Petitioner(s)

:

Mr. Abhishek B. Sharma

For Respondent(s)

:

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

26/07/2022

This writ petition has been filed by the petitioner with the

following prayer:-

“Hence prayed that your Lordships

may graciously be pleased to accept and

allow this writ petition and further pleased

to quash and set aside the impugned

orders dated 21.1.14 (Annexure.10),

4.2.2014 (Annexure 11) and 18.2.2014

(Annexure.12) and 24.9.2014 (Annex.14)

passed by the respondents and further

pleased to direct the respondents to

appoint the petitioner on the post of

Teacher Gr.III on the basis of his

educational

qualification

with

all

consequential benefits forthwith without

any delay.”

Brief facts of the case are that the father of the petitioner

expired on 19.02.2012. Earlier the petitioner filed S.B. Civil Writ

Petition No.6199/2014 seeking direction against the respondents

to give him appointment on compassionate ground and the said

(2 of 6)

[CW-7163/2015]

writ petition was disposed of by the Coordinate Bench of this court

vide order dated 30.05.2019, granting liberty to the petitioner to

submit a representation before the respondents, thereafter in

compliance of the order passed by the Coordinate Bench of this

court, the petitioner submitted a representation before the

respondents and the respondents considering the representation

submitted on behalf of the petitioner appointed him on the post of

Clerk Grade-II vide order dated 22.04.2015, under The Rajasthan

Compassionate Appointment of Dependants of Deceased

Government Servant Rules, 1996.

Counsel for the petitioner submitted that the petitioner

applied for the post of Teacher Grade-III as the petitioner was

having the requisite qualification of said post, however the

respondents have not considering his application properly and

without application of mind granted him appointment on the post

of Clerk Grade-II. Counsel further submits that the respondents on

earlier occasion have given the appointment to the similarly

situated persons under the same rules on the post of Teacher

Grade-III as such the action of the respondents is in violation of

Article 14 of the Constitution of the India being discriminatory in

nature.

Heard counsel for the petitioner and perused the record.

The Hon’ble Supreme Court in the matter of The State of

Uttar Pradesh and Ors. Vs. Premlata reported in AIR 2021

SC4984 (Civil Appeal No.6003 of 2021)

decided on

05.10.2021 wherein para Nos.8 & 10.2 has been held as under:-

“8. While considering the issue involved in

the present appeal, the law laid down by

this court on compassionate ground on the

death of the deceased employee are

(3 of 6)

[CW-7163/2015]

required to be referred to and considered.

In the recent decision this court in Civil

Appeal No.5122 of 2021 in the case of the

Director of Treasuries in Karnataka & Anr.

vs. V. Somashree, had occasion to consider

the principle governing the grant of

appointment on compassionate ground.

After referring to the decision of this court

in N.C. Santhosh vs. State of Karnataka

and Ors. reported in (2020) 7 SCC 617,

this Court has summarized the princ