[2025:RJ-JP:24190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5859/2025 Amar Singh Sankhla S/o Shri Ghanshyam Singh Sankhla, Aged About 54 Years, R/o Halwai Bazar, District Phulera Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of School Education, Govt. Secretariat, Rajasthan, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The District Education Officer, Headquarter, Elementary, Jaipur, Rajasthan 4. The Principal, Seth Surajmal Agarwal Govt. Sr. Secondary School, Phulera, District Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 02/07/2025 1. By means of filing instant writ petition under Article 226 of the Constitution of India, petitioner has made a prayer to accord appointment to petitioner’s son on compassionate ground under the Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servant Rules, 2023 (hereinafter referred to as “the Compassionate Appointment Rules, 2023”). [2025:RJ-JP:24190] (2 of 4) [CW-5859/2025] 2. Petitioner has come up with a case that he has suffered from Permanent Disability up to 70% and in support, a Disability Certificate dated 09.06.2023 has been placed on record. 3. It has been averred that on account of suffering form such permanent disability, petitioner is not able to discharge his duties on the post of IV Class employee, posted at Seth Surajmal Agarwal Government Senior Secondary School, Phulera. 4. It has been averred that petitioner submitted a representation dated 08.07.2023, for grant of voluntary retirement and to appoint his son namely Daljeet Singh Sankhla on compassionate ground under the Compassionate Appointment Rules, 2023. 5. Undisputedly, petitioner has preferred a writ petition being SBCPW No.17848/2024 with the similar prayer, which came to be disposed of vide order dated 26.11.2024 with liberty to petitioner to submit a representation which shall be considered and decided on merits. In compliance thereof, respondents have decided the representation of petitioner vide order dated 08.03.2025 and the compassionate appointment to petitioner’s son has been denied, hence, instant writ petition. 6. Heard learned counsel for petitioner and perused the material available on record. 7. The Compassionate Appointment Rules, 2023 has been promulgated by the Government of Rajasthan vide Notification dated 26.04.2023 wherein Section 2(b) defines the person suffering from Permanent Disability, who are entitled and eligible to claim the compassionate appointment in favour of one of [2025:RJ-JP:24190] (3 of 4) [CW-5859/2025] his/her dependent. For ready reference the definition reads as under:- “2(b) “Permanent Total Disabled Government Servant” means a person who was employed in connection with the affairs of the State including a member of All India Services of Rajasthan State Cadre and who has suffered permanent total disability due to an accident while on duty and who was holding a permanent or temporary post after appointment on regular basis including a probationer trainee;” 8. Petitioner admittedly is a IV Class employee and not a member of All India Service of Rajasthan State Cadre nor the petitioner suffered permanent disability out of any accident during his employment. Counsel for petitioner is not able to satisfy the Court that on account of which nature of illness and when petitioner suffered permanent disability. No averment in that respect have been stated in the writ petition. 9. It appears that soon after promulgation of notification dated 26.04.2023, petitioner got issued a disability certificate dated 09.06.2023, indicating his permanent disability up to 70% and claimed compassionate appointment to his son on the basis of such disability certificate. 10. This Court finds that since petitioner is not a member of All India Service of Rajasthan Cadre, nor has come up with a case that he suffered with permanent disability out of accident during course of employment, he is not eligible and entitle to claim compassionate appointment to his son under the Compassionate Appointment Rules, 2023. The order impugned dated 08.03.2025, [2025:RJ-JP:24190] (4 of 4) [CW-5859/2025] does not call for any interference in exercise of writ jurisdiction by this Court. 11. As far as prayer of petitioner for grant of voluntarily retirement is concerned, petitioner is at liberty to move a fresh representation seeking voluntary retirement, in case any such representation is submitted, same shall be considered by respondents authorities in accordance with law. 12. With aforesaid observations and without accepting the prayer to grant compassionate appointment to petitioner’s son under the Compassionate Appointment Rules, 2023, instant writ petition is hereby disposed of. 13. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /29