Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 10557 (RAJ)

VIJAY KUMAR v. STATE OF RAJ AND ORS

CW/3258/2018 · 2025-02-10

Sameer Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5714] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3258/2018 Vijay Kumar Son Of Shri Rohitash Singh, Resident Of Village Kalyanpura Khurd, Thana Kotputli, District Jaipur ----Petitioner Versus 1. State Of Rajasthan Through Secretary, Home Affairs, Secretariat, Jaipur, Rajasthan. 2. The Director General Of Police, Rajasthan, Police Head Quarter, Lal Kothi, Jaipur, Rajasthan 3. The Police Commissioner, Commissionerate, Jaipur Metropolitan, Govt. Hostel, Jaipur, Rajasthan ----Respondents For Petitioner(s) : None For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 10/02/2025 1. 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 29.02.2012. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2014. The petition has come up on board for hearing for the first time 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 13 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 [2025:RJ-JP:5714] (2 of 2) [CW-3258/2018] 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 /149