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2025 DAILYLAW 10764 (RAJ)

PRAKASH CHAND v. STATE OF RAJ AND ORS

CW/2315/2009 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7190] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2315/2009 Prakash Chand ----Petitioner Versus State Of Raj And Ors ----Respondent For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. Vigyan Shah, AAG Mr. Yash Joshi HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “It is, therefore, prayed that this writ petition may kindly be accepted and allowed and by an appropriate order or direction, the order dated 3.1.2007 may kindly be quashed and set-aside and the respondents may kindly be directed to give appointment to the peti- tioner on compassionate ground w.e.f. the date of submitting the application by the pe- titioner in the year 1992 with all consequen- tial benefits to him. Any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts of the present case, may also be passed in favour of the petitioner.” 2. Heard and considered. 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 19.02.1992. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2009. On directions of the Court, the matter has come up on board for [2025:RJ-JP:7190] (2 of 2) [CW-2315/2009] 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 33 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/292