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2025 DAILYLAW 10002 (RAJ)

SMT.MANJU v. STATE OF RAJ AND ORS

CW/3740/2006 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7887] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5223/2006 Mohd.abid ----Petitioner Versus State Of Rajasthan And Ors ----Respondent For Petitioner(s) : Mr. Aditya Mathur for Mr. R K Mathur For Respondent(s) : Mr. G.S. Gill, AAG Mr. Neeraj Batra, GC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “a) By an appropriate writ, order or direction, the action of the respondents of denying compassionate appointment to the petitioner may kindly be declared as illegal, arbitrary, malafide against the legal and fundamental rights of the petitioner and the same may kindly be quashed and set aside and accord- ingly the respondents may be directed to give appointment to the petitioner on com- passionate ground with immediate effect so that poor family of the deceased employee could come out from the starvation. b) Any other writ, relief, order or direction which this Hon’ble High Court may deem fit and proper looking to the facts and circum- stances of the case be also passed in favour of the petitioners.” 2. Heard and considered. 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 09.12.2005. Thereafter, the instant petition [2025:RJ-JP:7887] (2 of 2) [CW-5223/2006] was filed seeking compassionate appointment in the Year 2006. 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 20 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/166