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[2025:RJ-JP:7876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5238/2006 Miss Priya Sharma D/o Shri Sushil Kumar, C/o Dr. Braj Mohan Vashishtha R/o Manniwali Via, Sadul Shar, Shri Ganganagar, At Present Residing At Chandra Kala, Behind Water Tank, Durgapura, Jaipur Raj. ----Petitioner Versus
1. The State Of Rajasthan Through The Secretary, Education Department, Government Secretariat, Rajasthan, Jaipur
2. The District Education Officer, Primary Education, Shri Ganganagar Rajasthan
3. The Director, Pension And Pension Welfare Department, Vidhyut Marg, Jaipur Rajasthan ----Respondents For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : Mr. B.S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 13/02/2025
1. The instant petition is filed with the following prayers:-
“i) by issuance of suitable writ, direction or
order in the nature thereof thereby the Hon’ble Court may kindly be pleased to di- rect the respondents to decide the pension case of the petitioner, dispersed the amount of pensionary benefits and Gratuity, Provi- dent Fund etc and further be pleased to di- rect the respondents to appoint the peti- tioner under the Rajasthan Recruitment of Dependents of Government Servant Dying While in Service Rules, 1996. ii) Any other order or direction which your lordships may deem just and proper in the
facts and circumstances of the case be also passed in favour of the petitioner and in the interest of justice. iii) The writ petition may kindly be allowed throughout with costs.”
2. Heard and considered.
[2025:RJ-JP:7876] (2 of 2) [CW-5238/2006]
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 29.09.1989. Thereafter, the instant petition 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 36 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/167