[2026:RJ-JP:719] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 128/2026 Shahbuddin Khan S/o Late Shri Asmail Khan, Aged About 26 Years, Resident Of Village Devlaki Dang, Rajosi, Narisarabad, District Ajmer, Rajasthan- 305401. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Revenue Department, Government Of Rajasthan, Secretariat, Jaipur. 2. District Collector, Ajmer. 3. Tehsildar, Nasirabad, District Ajmer. ----Respondents For Petitioner(s) : Mr. Ram Kishan Sharma, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 09/01/2026 1. The present petition has been filed for seeking grant of compassionate appointment to dependents of the deceased. 2. Learned counsel for the petitioner has submitted that an application was submitted on 28.11.2023 by one of the sons of the deceased and the said claim was rejected relying upon the provisions of Rule 5 of the Rajasthan Compassionate Appointment Of Dependents Of Deceased Government Servants Rules, 1996, on the ground that one of the family members, i.e. his son, is already employed in army. 3. Learned counsel has placed reliance upon an order passed by the Madhya Pradesh High Court in Dharmendra Parte Vs. State [2026:RJ-JP:719] (2 of 3) [CW-128/2026] of M.P. & Ors. in Writ Petition No.27736/2021 and has submitted in that case it was held that if one of the son is not supporting the family, the other son can apply, and the provisions are not applicable on Indian Army. 4. Heard and perused the relevant provisions of the Rules of 1996. 5. At the outset, it is note-worthy that the legislature in its wisdom, in cases of compassionate appointment to meet out situation of hardness and hardship on account of demise has given a benevolent provision of compassionate appointment, but the same cannot be taken as a vested right, rather it goes with certain riders with terms and conditions. If any of the family member is given employment, he is liable to take care of his family. Howsoever, widow has been granted an exemption. 6. In the present case, one of the son seeks directions to attain employment in addition to other son who is already serving in the Indian Army. Therefore, Rule -5 will come into play. Howsoever, considering that in case there is a hardship, widow of the deceased can apply for grant of compassionate appointment. For the sake of reference, the relevant provision is reproduced herein below: “Rule - 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, [2026:RJ-JP:719] (3 of 3) [CW-128/2026] Organisation/Corporation owned or controlled wholly or partially by the Central/ any State Government at the time of death of the Government servant. 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 compassionated 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 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.” 7. In view of the same, the present petition is disposed of with the liberty to the widow of the deceased, if she so chooses, to apply for grant of compassionate appointment as per the Rules of 1996, which may be considered sympathetically by the respondents. 8. Pending applications, if any, stand disposed. (SAMEER JAIN),J CHANDAN /113