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2025 DAILYLAW 9680 (RAJ)

VIRENDRA BHATI SON OF GULAB SINGH BHATI v. STATE OF RAJASTHAN

CW/3291/2025 · 2025-08-26

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:33979] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.3291/2025 Virendra Bhati Son Of Gulab Singh Bhati, Aged About 27 Years, Resident Of Sophiya School Ke Pichhe, Bhonpo Ka Bada, Ajmer (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Special Secretary, Revenue Department (Group-1) Government Secretariat, Jaipur. 2. District Collector, Ajmer. 3. Additional District Collector (Administration), Ajmer. 4. Tehsildar, District Ajmer, Rajasthan. 5. Special Secretary To The Government, Revenue (Group-1) Department, Government Of Rajasthan, Government Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr. Hansraj Kuldeep For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 26/08/2025 1. Learned counsel for the petitioner submits that his father Sh. Gulab Singh Bhati has been holding the post of Class-IV employee in the office of respondent-Department and is suffering from 65% disability. Therefore, in the light of notification dated 26.04.2023, he may be granted compassionate appointment in lieu of his father who is otherwise going to retire on 31.08.2025. 2. Learned counsel for the respondents on the contrary opposes the writ petition and submitted that the eligibility to seek compassionate appointment pursuant to the Rajasthan Permanent [2025:RJ-JP:33979] (2 of 2) [CW-3291/2025] Disability Employees Compassionate Appointment Rules, 2023 (for short, 'the Rules of 2023'), the employee concerned must be suffering 100% disability and in the instant case admittedly the petitioner is having only 65% disability, hence, the petitioner is not eligible and entitled to seek appointment pursuant to Rules of 2023. 3. I have considered the submissions made by learned counsels for both the parties and perused the record. 4. Bare perusal of Rule 5 of the Rules 2023 would make it clear that the eligibility conditions given in the aforesaid Rule make it clear that such appointment can be granted only before completion of 55 years of the concerned employee and only in the circumstances where the concerned employee is having 100% disability. In the instant case the petitioner is not fulfilling the aforesaid conditions of the Rule 5 of the Rules 2023. 5. Accordingly, the writ petition filed by the petitioner is hereby dismissed. (ANAND SHARMA),J DAKSH/144