Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7901] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8971/2006 Smt Suman Garg And Anr ----Petitioner Versus State Bank Of India ----Respondent For Petitioner(s) : None present For Respondent(s) : Ms. Anita Aggarwal Mr. Anubhav Aggarwal HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025
1. The instant petition is filed with the following prayers:-
“i) The Hon’ble High Court may kindly al- low this Writ Petition and call for the entire record relating to scheme for recruitment for dependents of deceased employees on com- passionate grounds prevalent at the time of submitting application by the Petitioner and also entire record relating to the case of Peti- tioner and details of other persons who have been given appointment or ex-gratia lump- sum amount Oct, 2004 and till date. ii) By further appropriate writ, order or di- rection the Respondent be directed to con- sider the case of Petitioner No.2 for recruit- ment as clerk in the bank in terms of scheme for recruitment of dependents of deceased employees prevalent in the year 2004 i.e. at the time of death of father of Petitioner No.2 while serving in the bank w.e.f. the date the Petitioner had submitted his application for appointment. iii) By further appropriate writ, order or di- rection, the Respondent be direct to release ex-gratia lumpsum amount of Rs. 7 Lacs in lieu of compassionate grounds appointment. iv) By further appropriate writ, order or di- rection the Respondents be directed not to
[2025:RJ-JP:7901] (2 of 3) [CW-8971/2006] pass any order which is prejudicial to the in- terest of the Petitioner and in case any order has been passed in between the same be de- clared as null and void or be kept in abeyance till this writ petition is disposed of. v) Any other order or direction, which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner. vi) Cost of the Writ Petition may kindly be awarded to the humble Petitioners.”
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 12.10.2004. 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 21 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
[2025:RJ-JP:7901] (3 of 3) [CW-8971/2006] 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/172