Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).

The bench of Justice Arun Monga held that the intention behind Act was rehabilitation and re-integration of an offender into the society and not granting compassionate appointment to the Petitioner would defeat that purpose.

“The noble intent of enacting the Probation of Offenders Act is recidivism, rehabilitation as well as re-integration of an offender into the society. Thus not granting appointment to the petitioner would defeat the very purpose of the same.”

After the demise of his father who was serving as the Assistant Administrative Office in Government School, the Petitioner had applied for compassionate appointment at the post of Junior Assistant. The fact of his conviction was disclosed in the Police verification report submitted to the Department.

The Petitioner was allotted a district. However, no final order regarding his appointment was passed allegedly because of the previous criminal conviction. Hence, the petition was moved by him before the Court.

The Court held that since the Petitioner was let off on Probation, he had to be given benefit of the same, and by denying him appointment on ground of conviction, the purpose behind the Act was being defeated.

Accordingly, the State was directed that if the Petitioner's appointment was withheld merely due to him being let off on probation, it should not be considered an impediment, and he shall be allowed to join the services.

Title: Mohammad Aslam v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 51

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