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2025 DAILYLAW 10713 (RAJ)

SHRI ATUL PAREEK v. STATE OF RAJ AND ORS

CW/217/2003 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:6875] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 217/2003 Shri Atul Pareek, S/o Late Shri Satya Narain Pareek, aged about 19 years, resident of 8C-60, Pratap Nagar, Tonk Phatak, Jaipur ----Petitioner Versus 1. The State of Rajasthan, through Addl. Chief Secretary, Panchayati Raj Department, Rajasthan, Jaipur. 2. The Chairman, Rajasthan Rajya Pathya Pustak Mandal and Secretary, Panchayati Raj Department, Government Secretariat, Jaipur. 3. Secretary, Rajasthan Rajya Pathya Pustak Mandal, Jaipur. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Ravinder Pal for Mr. Neeraj Batra, GC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “(i) issue an appropriate writ, order or di- rection, in the nature thereof whereby the respondents be directed to appoint the peti- tioner (Shri Atul Kumar Pareek) on the post of L.D.C. in their Department or on other suitable post in any other Department under Government of Rajasthan. (ii) issue an appropriate writ, order or di- rection in the nature thereof whereby the re- spondents be directed to make payment of GRATUITY & ENCASHMENT OF 5 MONTHS BALANCE PRIVILEDGE LEAVE amount with interest @ 18%. (iii) any other appropriate relief, which this Hon’ble Court deem fit and proper, may also be granted in favour of the petitioner. (iv) the cost of this writ petition may be awarded in favour of the petitioner.” 2. None present on behalf of the petitioner. [2025:RJ-JP:6875] (2 of 2) [CW-217/2003] 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 22.02.1989. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2003. 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/62