[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:- [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