HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2915/2009 Devendra Kumar Son Of Late Shri Lakshmana Prasad, resident of Jugrajpura, District Sikar.
----Petitioner
Versus
1. State Of Rajasthan Through Secretary To The Government Of Rajasthan, Department Of Home, Secretariat, Jaipur.
2. Superintendent Of Police, District Jaipur To Rural, Jaipur. ----Respondents
For Petitioner(s) : None
For Respondent(s) : Mr. Vinod Kumar Gupta, AGC
HON'BLE MR. JUSTICE SAMEER JAIN Judgment
13/02/2025
1. The instant petition is filed with the following prayers:-
"i. That the impugned order/communication dated 20 November 2008 may kindly be quashed set aside in the interest of Justice.
ii. The respondents be further directed to consider the case of the petitioner and make the appointment on the post of class IV em- ployee as per the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996.
iii. Any other reliefs which deems just and proper in the facts and circumstances of the case may kindly be awarded to the petitioner.
iv. That the cost of the petition may kindly be awarded to the petitioner."
2. None present on behalf of the petitioner.
3. Upon a perusal of the record, it is noted that the death of the family member, against whom compassionate appointment is sought, occurred on 09.01.2008. Thereafter, the instant petition
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[CW-2915/2009] was filed seeking compassionate appointment in the Year 2009. On directions of the Court, the matter has come up on board for hearing today i.e. in the year 2025. Ever since the filing of the instant petition, no active steps were taken by the petitioner for the early listing of the matter.
4. As on date, over 17 years have lapsed since the demise of the earning family member, against whom compassionate employment is sought. If compassionate appointment is made now, the same shall be against the object and purpose for which the appointment on compassionate grounds is provided. The whole object of granting compassionate employment is to enable the family to tide over the sudden crisis caused by the instant death of the earning family member. The object is not to give such family a post, much less a post held by the deceased family member. In this regard, reliance can be placed upon the dictum of the Hon'ble Apex Court as enunciated in Fertilizers and Chemicals Travancore Ltd. and Ors. vs. Anusree K.B.
reported in AIR 2022 SC 4766.
5. As a result, in light of the foregoing observations, the instant petition is dismissed. Pending applications, if any, stand disposed of.
(SAMEER JAIN),J
Anil Sharma/301
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