[2025:RJ-JP:44844] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1281/2022 Mahipal Samota Son Of Late Shri Heer Singh Jat, Aged About 37 Years, Resident Of Dhani Galaktya Village Derawali, Post Mau, Tehsil Shri Madhopur, District Sikar ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005 2. District Establishment Committee Of The Zill Parishad Sikar, Through Its Chief Executive Officer, Zila Praishad, Sikar 3. The Chief Executive Officer, Zila Parishad, Sikar 4. District Education Officer, Elementary Education, Sikar 5. The Block Development Officer, Panchayat Samiti Khandela, District Sikar ----Respondents For Petitioner(s) : Mr. Pradeep Kalwania For Respondent(s) : Mr. S.S. Naruka AAG with Mr. Jitendra Kumar and Mr. Anshuman Singh Mr. Kapil Prakash Mathur AAG with Mr. Prateek Saxena and Mr. Mahendra Singh Rathore HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. Instant writ petition is preferred with following prayer: (a) by issue of an appropriate writ, order or direction in the nature thereof direct the Respondents to give the appointment to the [2025:RJ-JP:44844] (2 of 6) [CW-1281/2022] Petitioner from the date of selection of the Petitioner made by the Zila Parishad, Sikar vide order dated 20/10/2014 (Annexure-1) on the post of Class IV employee under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 with all consequential benefits; (b) by issue of an appropriate writ, order or direction in the nature thereof direct the Respondents to issue the appointment and posting order in favour of the Petitioner in compliance the order dated 20/10/2014 and allow the Petitioner to join his duties as Class IV employee in Panchayat Samiti Khandela, District Sikar with all consequential benefits including seniority and monetary benefits from the date his selection and arrears. (c) by issue of an appropriate writ, order or direction in the nature thereof direct the Respondents to take action against the defaulting officers/employees in not giving the appointment and posting to the petitioner in compliance of the order dated 20.10.2014 issued by the Zila Parishad, Sikar. 2. With consent of learned counsel for petitioner and Mr. S.S. Naruka, AAG and Kapil Prakash Mathur, AAG, we are disposing of this writ petition at this stage. 3. The facts of the case clearly indicated that father of present petitioner Heer Singh was substative employee of the State Government and was posted as Teavher Grade-III in [2025:RJ-JP:44844] (3 of 6) [CW-1281/2022] Elementary Education Department under Panchayti Raj Department and posted at Government Primary School, Kumbhawali Mau, Panchayati Samiti, Shrimadhopur, Dist. Sikar when he expired in service on 10.12.2013. The petitioner has moved an application for compassionate appointment under the Rules. The petitioner was appointed on post of Class IV under Rajasthan Compassionate Appointment Of Dependents Of Deceased Government Servants Rules, 1996 by order dated 20.10.2014 (Annexure- 1) and posted in the Panchayti Samiti, Khandela. 4. The case of the petitioner is that appointment was not within the knowledge of the petitioner. He further submitted that the petitioner has requested for appointment on post of vehicle driver but neither his application was rejected not he was permitted to join on post of Class-IV. 5. Learned AAG appearing on behalf of respondent submitted that the petitioner was well aware about the appointment order issued in his favour and he has not joined in pursuant to appointment order dated 20.10.2014 therefore the appointment order itself is nullified. They further submitted that petitioner is not entitled for any relief. 6. Heard learned counsel for the parties and perused the material placed on record. 7. It is an admitted case that in pursuant to recommendation by respondent, an appointment order dated 20.10.2014 was issued in favour of petitioner directing the petitioner to join on post of Class-IV at Panchayti Samiti, Khandela, Dist. Sikar. Initial appointment was for a period of two years and [2025:RJ-JP:44844] (4 of 6) [CW-1281/2022] after completion of probation period, the petitioner was entitled to receive regular pay scale. The appointment order (Annexure-1) does not prescribe any outer limit to indicate that if petitioner failed to join in a period prescribed under the appointment order, the appointment order will automatically be withdrawn or cancelled. The petitioner has acknowledged by letter dated 27.10.2014 that he was appointed on post of Class-IV but he requested to consider his case after 20.01.2015 when he will acquire qualification to be appointed as vehicle driver. The petitioner has made request on 14.07.2015 for appointment as vehicle driver and later only on 01.08.2019, the petitioner has prayed that he be permitted to join as Class-IV in pursuant to appointment order dated 20.10.2014. The material on record also indicated that on 17.06.2020, the matter of petitioner was referred to Rural Development and Panchayti Raj Department and by letter dated 22.07.2020 the department has directed CEO of Zila Parishad Sikar to get guidance from the circular available on the website of the department. 8. Herein this case, despite fully knowing about appointment on 27.10.2014, the petitioner has not joined on the post of Class-IV in pursuant to order dated 27.10.2014. The petitioner after failing in all efforts has made a request for joining on 01.08.2019 but he was not afforded any opportunity to join on post of Class-IV which means the petitioner has considered the respondent department as a vehicle for ride at his pleasure but it is not a case. The petitioner himself is responsible for the delay and petitioner [2025:RJ-JP:44844] (5 of 6) [CW-1281/2022] has unnecessarily stated that he was not informed about the appointment letter dated 20.10.2014. The communication on record indicated that petitioner was well aware on 27.10.2014 about annexure-1 (appointment letter) therefore considering the fact that the order dated 27.10.2014 is not revoked even by the department at Government level by letter dated 22.07.2020 therefore the petitioner is entitled to join on the post of Class-IV in pursuant to order dated 20.10.2014 but petitioner is not entitled to actual salary unless he join on the post of Class-IV in pursuant to letter dated 20.10.2014. The petitioner is entitled for notional benefit only from 22.07.2020 when the government has directed the Zila Parishad to take decision at their level but not before as it was carelessness and deliberate delay on the part of the petitioner, therefore the writ petition be disposed of in accordance with observation made by this court. 9. In view of discussion made hereinabove, the writ petition is partially allowed in following terms: (I) The respondents are directed to permit petitioner to join on Class-IV post in pursuant to order dated 20.10.2014 but respondent No.3 is at liberty to post petitioner at a vacant place in Dist. Sikar. (ii) The terms and conditions of the appointment letter dated 20.10.2014 shall be same and petitioner shall join on probation for a period of two years and only after completion of probation, he is entitled for regular pay scale subject to satisfactory service as provided under the rules. [2025:RJ-JP:44844] (6 of 6) [CW-1281/2022] (iii) The petitioner is required to submit the documents and formalities as mandated under order dated 20.10.2014 before 30.11.2025. (iv) The petitioner is entitled for notional benefit from 22.07.2020 but only after completion of probation period and fixation in regular pay scale. (v) The petitioner is entitled to be placed in seniority just below the person appointed prior to 22.07.2020. 10. With aforesaid, the instant writ petition along with misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /305