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2025 DAILYLAW 5900 (RAJ)

SAHIR SHIRVANI S/O LATE KHAIKULLAH SHIRVANI v. STATE OF RAJASTHAN

CW/2171/2024 · 2025-07-11

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:25735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2171/2024 Sahir Shirvani S/o Late Khaikullah Shirvani, Aged About 28 Years, R/o B-10, Gulzar Bagh, Old City No. 4, Near School, Tonk Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Self Employment, Government Of Rajasthan, Government Secretariat Jaipur 2. Director, Directorate Of Employment Services, Government Of Rajasthan, Darbar School Premises, Gopinath Marg, Jaipur 3. District Employment Officer, Subhash Bazar, Tonk Rajasthan ----Respondents For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) : None Present HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/07/2025 1. This writ petition has been filed by the petitioner, feeling aggrieved by the order dated 21.03.2023 wherein his application for grant of compassionate appointment in place of his deceased father late Shri Khaikullah Shirvani was dismissed, merely on account of operating a stay order in the writ petition No.8110/2021 filed by Smt. Najma Nakhat, alleging herself to be wife of late Shri Khaikullah Shirvani claiming pension. 2. Counsel for petitioner submits that today the writ petition bearing No.8110/2021 has been withdrawn by the petitioner Sm. [2025:RJ-JP:25735] (2 of 2) [CW-2171/2024] Najma Nakhat in view of settlement arrived at with the another wive of deceased late Shri Khaikullah Shirvani, hence, in that view, the stay order has also come to an end and now the prayer of petitioner to consider his candidature for grant of compassionate appointment in place of his deceased father may be considered by respondents on merits. 3. Having perused the order impugned dated 21.03.2023, it is explicit that the candidature of petitioner for grant of compassionate appointment was not considered on merits, rather his application was dismissed only on account of pendency SBCWP No. 8110/2021 and due to the operating stay therein. Since the writ petition No. 8110/2021 has been dismissed as withdrawn vide order dated 10.02.2023 and stay order dated 10.01.2023 passed therein has also come to an end, hence, order dated 21.03.2023 has become ineffective and non-est. 4. Thus, as a result, it is hereby directed that respondents would consider the application of petitioner for grant of compassionate appointment afresh on merits and in accordance with law without being prejudice by the order dated 21.03.2023. 5. The writ petition stands disposed of, accordingly. 6. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /44