[2023/RJJP/001723]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 334/2010

Om Prakash S/o Late Shri Sugreev Singh, V.P. Pipalpura, Tehsil,

Distt. Karauli Raj.

----Petitioner

Versus

1.

State Of Rajasthan Through Chief Secretary To The

Government, Govt. Secretariat, Jaipur.

2.

Principal Secretary To The Government, Department Of

Education, Govt. Secretariat, Jaipur.

3.

The Director, Elementary Education, Rajasthan, Bikaner.

4.

The Deputy Director, Elementary Education, Bharatpur.

5.

The District Education Officer, Elementary Education,

Karauli Rajasthan

----Respondents

For Petitioner(s)

:

Mr. Mukesh Pal Jadoun

For Respondent(s)

:

Mr. Bharat Saini

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

04/02/2023

Instant petition has been filed by the petitioner with the

following prayer:-

“It is, therefore, humble prayed that this writ petition

may kindly be accepted and allowed and the Hon’ble

Court may be pleased to:

(i) Issue an appropriate Writ, Order or directions, by

which the respondents may be directed to consider

the candidature of the petitioners for compassionate

appointment in place of his father post.

(ii) Issue an appropriate writ, order or direction, by

which the respondents may kindly be directed to

[2023/RJJP/001723]

(2 of 5)

[CW-334/2010]

expedite the matter regarding the appointment of the

petitioner under the Rule 1996.

(iii) That the respondents may kindly be directed to

grant the appointment to the petitioner in place of his

father post from the date of submitting the

application.

(iv) Issue any other appropriate order or direction as

may be deemed expedient in the facts and

circumstances of the case in favour of the petitioner.

(v) Cost of the writ petition may also be awarded in

favour of the humble petitioner.”

Learned counsel for the petitioner submits that father of the

petitioner died while in service on 27.05.1999. Counsel submits

that after death of the father of the petitioner, the District

Education Officer, Elementary Education, Karauli, sent a letter to

the petitioner on 11.06.1999, indicating therein that mother of

the petitioner may apply for getting compassionate appointment

within a period of 90 days under the provisions of Rajasthan

Compassionate Appointment of Dependents of Deceased

Government Servants Rules, 1996 (for short, ‘the Rules of 1996’)

or the elder son of the deceased may apply after completion of 18

years. Counsel submits that the petitioner became major in the

year 2005 and thereafter, regular correspondence was made with

the respondent Department till 2009 and for the first time in the

year 2009 the petitioner was permitted to submit the requisite

application along with an affidavit on 02.05.2009 for getting

compassionate appointment. Counsel submits that when no

decision was taken by the State authorities, he was left with no

other option except to knock the door of this court by way of filing

instant petition under Article 226 of the Constitution of India.

[2023/RJJP/001723]

(3 of 5)

[CW-334/2010]

Counsel submits that appropriate orders/directions may be issued

to the respondents to consider the case of the petitioner and

appoint him on compassionate ground.

Per contra, learned counsel for the respondents opposed the

arguments raised by learned counsel for the petitioner and

submitted that this fact is not in dispute that father of the

petitioner died on 27.05.1999 and the District Education Officer

Karauli sent a letter to the mother of petitioner on 11.06.1999 to

submit the requisite application within a period of 90 days or her

elder son may apply for compassionate appointment after

attaining the age of majority. Counsel submits that the date of

birth of the petitioner is 10.05.1987 and he became major on

10.05.2005 but no application was submitted by the petitioner till

02.05.2009. Counsel submits that su