Intent of Probation Of Offenders Act Is Recidivism, Rehabilitation; Being Let Off On Probation Not An Impediment To Compassionate Appointment: Rajasthan HC
The Petitioner appraoched the Rajasthan High Court challenging an order vide which his application for appointment on compassionate grounds was rejected.

The Rajasthan High Court held that the noble intent of enacting the Probation of Offenders Act is recidivism, rehabilitation as well as re-integration of an offender into the society.
The High Court disposed of a petition involving compassionate appointment with a direction to the respondent-Authorities that if the petitioner’s appointment was being withheld merely due to his having been let off on probation by the trial court, this should not be considered as an impediment.
The Petitioner challenged an order vide which, the petitioner's application for appointment on compassionate grounds was rejected solely on account of his conviction by the trial court under Section 323 read with Section 341 of IPC, even though the trial Court did not impose any sentence on the petitioner, but merely imposed a fine of Rs. 500 while extending the benefit of Section 4 of the Probation of Offenders Act.
The Single Bench of Justice Arun Monga asserted, “ I am of the view that once the petitioner was let off on probation he has to be given benefit of the very reason and the objective of enactment of Probation of Offenders Act.”
Advocate Rakesh Arora represented the Petitioner.
Factual Background
The father of the petitioner was serving as an Assistant Administrative Officer at the Government Higher Secondary School in Aasind, District Bhilwara (Rajasthan), until his death in the year 2023. Following his father’s demise, the petitioner applied for compassionate appointment to the post of Junior Assistant. The petitioner’s name appeared in the list of selected candidates and Bhilwara District was allotted to him. In the year 2020, an FIR was registered against the petitioner under Sections 323 and 341 of the IPC, and he was convicted. However, he was let off on Probation with a fine of Rs. 500.
This information was disclosed in the Police Verification Report submitted to the department. However, no final order regarding his appointment has been passed. In light of these circumstances, the petitioner sent a notice demanding justice and requesting a compassionate appointment due to his father’s death, but his case is yet to be considered. Hence, the present petition was filed before the High Court.
Reasoning
The Bench was of the view that once the petitioner was let off on probation he had to be given the benefit of the very reason and the objective of enactment of the Probation of Offenders Act.
“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”, it said.
The Bench hence disposed of the petition with a direction to the respondents that if the petitioner’s appointment is being withheld merely due to his having been let off on probation by the trial court, this shall not be considered as an impediment. “If the petitioner is found otherwise eligible and meritorious, he will be allowed to join his services in the district already allotted to him, upon his approaching competent authority of the respondents with a web print of the instant order”, it concluded.
Cause Title: Mohammed Aslam Silawat v. State Of Rajasthan (Neutral Citation: 2025:RJ-JD:2539)
Appearance:
Petitioner: Advocates Rakesh Arora, Hardik Gautam