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[2025:RJ-JP:7475] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 160/2012 Smt. Saroj Gurjar W/o Late Shri Mahesh Gurjar, House No. 107, Katewa Nagar, Near Gurjar Ki Thadi, New Sanganer Road, Jaipur Rajasthan ----Petitioner Versus
1. State Bank Of Bikaner And Jaipur Through Its Managing Director, Head Office, Tilak Marg, Jaipur, Rajasthan.
2. Chief Manager Dop, State Bank Of Bikaner And Jaipur, Head Office, Tilak Marg, Jaipur, Rajasthan.
3. Manager, State Bank Of Bikaner And Jaipur, Collectorate Branch Jaipur, District- Jaipur. ----Respondents For Petitioner(s) : Mr. Jai Kumar Yadav For Respondent(s) : Mr. Alok Garg HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 17/02/2025
1. The instant petition is filed with the following prayers:-
“i) by an appropriate writ order or direction, the re- spondents may kindly be directed to give the compas- sionate appointment to the petitioner on the post of Class-IV employees with the bank looking to the ex- ceptional case of the petitioner ii) by an appropriate writ order or direction, the rider of not considering the case for the person died before 20.12.2005 shall be treated illegal, discriminatory and arbitrary and it should be struck down the relaxation be given for considering the case of the petitioner be- ing the exceptional case. iii) Any other appropriate suitable order or direction, which this Hon’ble Court deems expedient in the facts and circumstances of the case, may kindly be passed in favour of the petitioner. iv) Cost of the writ petition may kindly be awarded in favour of the petitioner.”
2. Heard and considered.
[2025:RJ-JP:7475] (2 of 2) [CW-160/2012]
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 31.03.1998. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2012. The petition has come up on board for hearing after long period of time 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 27 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 Pooja /13