Ikhlak Ahmed S/O Late Mumtaz Ahmed vs State Of Rajasthan … on 15 April, 2025

Rajasthan High Court – Jaipur

Ikhlak Ahmed S/O Late Mumtaz Ahmed vs State Of Rajasthan … on 15 April, 2025

Bench: Manindra Mohan Shrivastava, Anand Sharma

[2025:RJ-JP:16069-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   D.B. Special Appeal Writ No. 156/2024

Ikhlak Ahmed S/o Late Mumtaz Ahmed, Aged About 25 Years,
R/o Nawab Sahab Ka Bada, Bajariya, Police Station Nihalganj,
Tehsil And District Dholpur, (Raj).
                                                                                ----Appellant
                                           Versus
1.         State    Of        Rajasthan,        Through        Its      Secretary,     Home
           Department, Secretariat, Jaipur (Rajasthan).
2.         Director General Of Police, Head Quarter Lal Kothi, Jaipur,
           Rajasthan.
3.         Inspector General Police Range, Bharatpur, Rajasthan.
4.         Superintendent Of Police, Bharatpur, Rajasthan.
                                                                             ----Respondents

For Appellant(s) : Ms. Shashi Sharma for
Mr. Manoj Kumar Avasthi
For Respondent(s) :

HON’BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON’BLE MR. JUSTICE ANAND SHARMA

Order

15/04/2025

1. Heard.

2. The submission of learned counsel for the appellant that the

employment of the elder brother of the appellant could not be

made a basis to reject the application for compassionate

appointment, is liable to be rejected at the threshold on the face

of the provisions contained in Rule 5 of the Rajasthan

Compassionate Appointment of Dependents of Deceased

Government Servants Rules, 1996 which provides as below:-

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[2025:RJ-JP:16069-DB] (2 of 2) [SAW-156/2024]

“5.Appointment Subject To Certain
Conditions:-

(1) When a Government servant dies while in
service one of his/her dependents may be
considered for appointment in Government Service
subject to the condition that employment under
these rules shall not be admissible in cases where
the spouse or at least one of the sons, unmarried
daughters, adopted son/adopted unmarried
daughter of the deceased Government servant is
already employed on regular basis under the
central/ any State Government or Statutory
Board, Organisation/ Corporation owned or
controlled wholly or partially by the Central/ any
State Government *”at the time of death of the
Government servant, or at the time of
appointment of the dependent.”

Provided that this condition shall not apply
where the widow seeks employment for herself.
(2) Appointment under these rules shall be given
on the condition that the person appointed on
compassionate ground shall maintain properly the
other family members who were dependent on the
deceased Government servant and on furnishing
an undertaking in writing that he/she shall
maintain properly the other family members who
were dependent on the deceased Government
servant. If subsequently, at any time, it is proved
that such dependent family members are being
neglected or are not being maintained properly by
him, the appointment may be terminated by the
Appointing Authority after providing an
opportunity to the compassionate appointee by
way of issue of show cause notice asking him to
explain why his services should not be
terminated.”

3. The appeal has no merit and the same is accordingly,

dismissed.

(ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ

N.Gandhi/Neeru/17

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